P.

FACTS AND PROCEEDINGS BELOW

The facts summarized in the March 27, 2012 report of the Napa County Sheriff‟s Department, which were never disputed, are as follows: “[O]n March 6, 2012, deputies interviewed the 14-year-old confidential victim and her mother at the Courage Center in Napa. The victim told deputies that when she was in fourth grade (approximately nine years old), one of her best friend‟s dad, later identified as the defendant, touched her. The victim said her friend‟s parents were split up and she went over to the defendant‟s house on the weekends to spend the night with her friend, the defendant‟s daughter.

1 “The victim went on to say that a couple of the nights she was at the defendant‟s house, she woke up around 0400 hours and the defendant was touching her. She said she felt that the defendant thought she was sleeping when he was touching her, but she was not asleep. The victim said she was too scared to say anything to the defendant when he was touching her and she felt the fear carried over from when her little brother‟s dad would hit or yell at her and she was afraid the defendant would hit or yell at her if she said anything. “The victim told deputies that…