P.

FACTS AND PROCEDURAL HISTORY

A. Prosecution‟s Case In October 2007, appellant began residing at the home of Natasha‟s mother, whom we shall refer to as Diana D. At that time, Diana D. had two daughters living at home with her, nine-year-old Natasha and 16-year-old M. Diana D. also had two sons, Robin and Damien, from a prior relationship with appellant‟s father. When appellant moved in, the following people lived in Diana D.‟s house: Diana D., her boyfriend Clarence (not appellant‟s father), Natasha, M., and Damien (appellant‟s half-brother). Clarence and Damien moved out sometime in 2008. Diana D. permitted appellant to sleep on the floor in Natasha‟s bedroom for almost a year. Sometimes Natasha would sleep with Diana D.

Unless otherwise indicated, all further statutory references are to the Penal Code.

2. Less frequently, appellant would enter Diana D.‟s bedroom and sleep in Diana D.‟s bed with both Diana D. and Natasha. The First Act of Molestation—January 1, 2008 On January 1, 2008, Diana D. looked through Natasha‟s door early in the morning and saw appellant and Natasha on the bed together in Natasha‟s room. Appellant was lying down under the covers and Natasha…