Perez
The People v. Perez
Opinion
Opinion
I. FACTS
The facts do not warrant extended recounting, though we must reiterate the basic principle of appellate review that all conflicts in the evidence and reasonable inferences from it are drawn in favor of that version of events which most supports the judgment. (People v. Jones (1990) 51 Cal.3d 294, 314 [“On appeal, we must view the evidence in the light most favorable to the People and must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.”]; see also People v. Leyba (1981) 29 Cal.3d 591, 596-597; People v. Lawler (1973) 9 Cal.3d 156, 160.) Mario‟s mother worked as a janitor in Santa Ana, and sometime before 5 p.m. on July 16, 2008, dropped him off at the house of his friend, Andy. Andy‟s brother Oscar, age 22, was supposed to be baby-sitting the two boys, and Perez was Oscar‟s friend.
3 Perez‟s molestations of the two boys occurred in the dining area of the kitchen, and can be quickly summarized: (1) Perez pulled down Mario‟s pants, and held him on the table so he could not get away. Perez soon told Andy to “get a plastic bag and some pink cream,” and then Perez put Andy‟s hands in the bag,” then he…