People v. Mendoza CA5

STATEMENT OF FACTS

Jane Doe2 was born in 2002. She knew defendant—who is 33 years her senior— since she was five or six years old. Defendant dated Jane’s mother and is the godfather of two of Jane’s siblings. At trial, Jane testified defendant sexually abused her more than 50 times over a five-year span.

I. Facts underlying count

In March 2010, while Jane’s then-pregnant mother was in the hospital undergoing labor and delivery “for a couple of days,” Jane and her siblings stayed home with

1 Subsequent statutory citations refer to the Penal Code.

2 We refer to the victim by a pseudonym to protect her privacy. (Cal. Rules of Court, rule 8.90(b)(4).)

2. defendant. At some point during this period, defendant inserted his penis into Jane’s anus. The penetration “hurt” and Jane “felt like poop was gonna come out.”

II. Facts underlying count

Sometime in 2010 or 2011, defendant drove Jane and her brother to a vineyard under the pretense of taking her to soccer practice. Defendant ordered Jane to “go in the back seat” and Jane’s brother to stay in the front passenger seat and “watch in case” “people from the fields come.” Defendant followed Jane to the backseat and…