People v. Sanchez CA2/3

FACTS AND PROCEDURAL BACKGROUND

The People filed an information charging Sanchez with four counts of forcible rape of a minor 14 years of age or older (Pen. Code, §§ 261, subd. (a)(2), 264, subd. (c)(2))1 and four counts of forcible oral copulation of a minor 14 years of age or older (§ 287, subd. (c)(2)(C)). As to each count, the information alleged an aggravating circumstance that the victim was particularly vulnerable (Cal. Rules of Court, rule 4.421(a)(3)). 1. The People’s case Sanchez’s biological daughter, H.S., testified that she was born in Guatemala in 2004. Growing up, Sanchez would hit H.S. if she misbehaved. Sanchez started sexually abusing H.S. when she was 11 or 12 years old. The first time, Sanchez told H.S. to open her mouth and then kissed her. Over the next year and a half, Sanchez would kiss H.S.’s breasts and ask her to kiss him in return for things she needed. One night while H.S. was sleeping, Sanchez put his hand down her pajama pants and started touching her vagina. H.S. pretended to be asleep. H.S. felt ashamed, afraid, and confused. She tried to disclose the abuse to her grandmother and mother, telling them that Sanchez made her “open [her] mouth.”…