People v. Ellis CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

S.E. was born in early 1995. She had one sister, A., who was approximately one year younger. S.E.’s parents divorced when she was five. Ellis married her mother, K.E., when S.E. was starting high school. S.E., her mother, and her sister moved in with Ellis. S.E. described her relationship with Ellis as “cold.” She and her sister did not trust him. The only improvement occurred because of her mother’s insistence and pressure. That pressure grew when S.E. was in high school. S.E. was told that Ellis “was helpful financially with a lot of things.” She began going to a boxing gym with Ellis as part of the effort to improve their relationship. When she was in high school, S.E. decided to participate in a fitness competition. Ellis, who was a personal trainer, had a gym set up in the garage. Ellis offered to help S.E. prepare for the competition by training her. At first the sessions were normal and appropriate, and the improved relationship with her stepfather pleased S.E.’s mother. She was 17 years old at the time.

1 Subsequent statutory references are to the Penal Code unless otherwise indicated.

2 During one session, however, Ellis moved…