People v. Moody CA1/4

BACKGROUND

Moody was charged with three counts of committing a lewd act upon a child under the age of 14, pursuant to section 288, subdivision (a), and one count of continuous sexual abuse of a child, pursuant to section 288.5, subdivision (a). The counts arose from Moody’s interactions with one victim, C.M. The jury found Moody guilty of one count of violating section 288, arising from an incident that occurred when C.M. was nine years old, and acquitted him of the remaining charges.

2 C.M. was close friends with Moody’s stepdaughter, A.M., and they would regularly spend the night at each others’ houses. C.M. testified that one night when she was nine years old, she, A.M., A.M.’s two younger brothers, and possibly some cousins fell asleep in the living room. C.M. was asleep on the couch and the rest were sleeping on the floor. Moody and A.M.’s mother had left, but then returned later in the evening. C.M. woke up when she heard them return, but then fell back asleep. C.M. awoke later. The lights were off and she was lying on her back under a blanket. Moody was standing and leaning over her, and had put his hand down her pants, under her underwear, and put his fingers inside her…