People v. Gallegos

Opinion by

Judge TAUBMAN.

Defendant, Carlos Anthony Gallegos, appeals only the district court's finding at sentencing that he is a sexually violent predator (SVP). Because the facts in the record do not support the court's finding that Gallegos "established" the relationship with the victim primarily for the purpose of sexual victimization, we reverse and remand for correction of the mittimus.

Gallegos pleaded guilty to attempted sexual assault on a child based on an incident during which he touched the vaginal area of his live-in girlfriend's daughter (victim) while bathing her. At sentencing,…