People v. Lara CA5

STATEMENT OF FACTS

I. Prosecution’s case-in-chief

a. Testimony of K.M. K.M. is L.M.’s mother. Between 2016 and 2020, K.M. dated defendant and had two sons with him. Although K.M. stopped dating defendant, she would drop off her three children at his residence on “days whe[n] he wasn’t working [so] he could watch them for [her] while [she] was working.” At the time, defendant lived with his mother, stepfather, sisters, and grandfather. On January 1, 2021, K.M. was “getting ready to take . . . [L.M.] and the boys over to Patrick’s so that he could watch them” when L.M.—who was “nervous,” “anxious,” and “wanting to cry”—“pulled [her] to the side” and “told [her] she did not want to go.” When K.M. asked “what was wrong,” L.M. said, “[S]he didn’t want to go over there because she didn’t like the games that Patrick was playing with her.” When K.M. asked L.M. what she meant by “games,” L.M. explained, “Patrick would take her into the . . .

1 Unless otherwise indicated, subsequent statutory citations refer to the Penal Code.

2. room downstairs towards the laundry room” and “put[] his private parts in her mouth” “when no one else was around.” K.M. immediately notified the police.…