People v. Fuentes CA2/8

FACTS

In 2015, A.O. (born in 2003) lived with appellant, her mother and her half-sister I.F. A.O. had known appellant since she was three and a half years old. She testified that there was “a lot of love and trust in that relationship” and that she loved and trusted appellant. Her relationship with appellant was “more tight” than her relationship with her mother. Besides I.F., appellant has three other children. Appellant, A.O.’s mother, A.O., and I.F. lived in a two-story house. On the first floor were the living room, kitchen and laundry room. Upstairs were three bedrooms. There was a bedroom for A.O.’s mother and appellant, a guest room, and a bedroom A.O. shared with I.F. A.O. was scared to sleep alone and asked to sleep with appellant, which she did about six times. They slept in the guest room. A. Count 1 A.O., 12 years old at the time, was awake and lying on her back. Her eyes were closed and the lights were off. Appellant

Undesignated statutory references are to the Penal Code.

2 thought she was asleep. Appellant gripped her breasts with both hands. Next, he slipped his hand under A.O.’s underwear and touched the outside of her vagina. He was moving his fingers…