P.

FACTS

Liwanag does not challenge the sufficiency of the evidence so the facts compromising the offenses may be briefly stated.

Lewd Acts In 2009, 10-year-old A.M. lived with her grandparents, her mother, and her uncle in a home in Anaheim. Liwanag and A.M.‟s uncle were close friends, and he was a frequent visitor to the home. In October, Liwanag came to visit A.M.‟s uncle. Sometime during the visit, he came into A.M.‟s bedroom, closed the door, and told her he was going to give her a massage. He started to massage A.M.‟s shoulders over her pajamas, but then put his hand under her pajama bottoms and underwear. He first touched and then penetrated her vagina with his index finger. Confused by Liwanag‟s conduct, A.M. did not tell anyone what had happened.

2 About a month later, Liwanag approached A.M. while she was in her grandparent‟s room. A.M. was sitting in a chair in front of a computer when Liwanag came into the room and told her he wanted to use the chair. A.M. surrendered the chair and sat down on the floor, but Liwanag directed her to sit on the chair with him. When she did so, he again massaged her shoulders, slipped his hand under her clothing, touched and penetrated…