P.

FACTS

In 2008, four-year-old N.B. left Mexico and arrived in Santa Ana to live with her mother (Mother). Mother and Zamora, who met while working at El Pollo Loco, had been dating for two years. Mother and Zamora would often sleep at each other‟s residence, and when they did, Mother, N.B., and Zamora would share the same bed. During the first half of 2009, when N.B.‟s mother worked, Zamora would babysit

N.B.

One summer afternoon in 2009, five-year-old N.B. and her mother, who were both clothed, were asleep on top of the covers of Zamora‟s bed while Zamora took a shower. When Zamora finished his shower, he woke up Mother by leaning on her and kissing her, but Mother was tired and closed her eyes. When Mother opened her eyes, she saw Zamora use his hands to spread N.B.‟s legs. Zamora put his hand through one of the leg holes of N.B.‟s shorts and rubbed her pubic area. Mother stood up and sobbingly asked Zamora what he was doing. Zamora told her to be quiet and that she did not see

2 anything. Mother and N.B. left. Mother first took N.B. to the doctor and a few days later to the La Habra Police Station, where she told an officer what had occurred. 1 A couple weeks later, social…