People v. Olivares CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Brenda M. has several children, including a daughter named Destiny who was born in July 2011. Brenda also has several grandchildren, including a granddaughter named Bethany who was born in August 2014. Defendant married Brenda in 2015, and moved in with her. At that time, defendant was 38 years old. Between July 2014 and October 2018, defendant committed several sexual acts against Destiny. As drawn from a forensic interview of Destiny, a summary of Destiny’s preliminary hearing testimony, and Destiny’s testimony at trial, those acts were comprised of the following: — When Destiny was five years old, defendant began “touch[ing]” her “private part” where she “pee[d].” — On one occasion, defendant entered a dark room where Destiny was sleeping, took off her clothes, started touching her “private” part, and told Destiny to kiss him. He then showed Destiny his “body part . . . that pees,” and instructed her to touch that part, which she did because she was “scared.” Defendant then “held” her hand under his while moving it up and down along his penis. He then admonished Destiny not to tell anyone. — On multiple other…