People v. Hetherington

Opinion

WIENER, J.

This is a sentencing appeal.

Sixty-seven-year-old Thomas Max Hetherington and his wife ran a licensed day care center where for almost three years he molested many children. An information charged Hetherington with 82 sex offenses. In a written plea bargain containing a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754, 757-759 [159 Cal.Rptr. 696, 602 P.2d 396]), Hetherington pleaded guilty to five counts of Penal Code section 288, subdivision (a) 2 (counts 16, 38, 42, 70 and 81) and three counts of section 288a, subdivision (c) (counts 77, 79 and 82). He was sentenced to a…