People v. Miller CA3

BACKGROUND

In March 2019, E.R. lived in Red Bluff with her mother, defendant, and two younger siblings. She was 13 years old. Because her mother went to work early in the morning, defendant was in charge of waking up E.R. on days her mother worked. On four separate occasions, defendant sexually molested E.R. The first incident occurred on March 2. According to E.R., when it was time for her to wake up, defendant shook her shirt, exposing her breast. Defendant kissed E.R. on the mouth and breast. On the following morning, March 3, defendant again shook E.R.’s shirt, again exposing her breast. Defendant kissed her and touched her thigh and vagina under her pants, but did not penetrate her vagina. The third incident occurred the next morning, March 4, and began the same way. According to E.R., defendant exposed, touched, and kissed her breast, kissed her on the mouth, sucked on her nipple, and touched her thigh and vagina. This time, defendant penetrated her vagina. E.R. did not tell anyone because she was scared. A fourth incident occurred five days later, on March 9. E.R. said defendant shook her shirt, exposed her breast, kissed her on the mouth and breast, sucked on her nipple,…