People v. Chavez CA2/6

Facts The victim, M.C., is appellant’s granddaughter. M.C. was 25 years old and appellant was 83 years old at the time of trial. When M.C. was 4 and 5 years old, appellant kissed her on the lips and put his tongue in her mouth on at least three separate occasions. He placed her hand on his penis at least twice. These offenses occurred at appellant’s apartment and at the swimming pool at the apartment complex where M.C. lived with her mother. M.C. testified that she believed her grandmother saw appellant kiss her at least once and also saw appellant adjusting his pants after he had been alone with M.C. In 1995, appellant pleaded guilty to misdemeanor child molestation against a neighbor who was then 10 years old.

2 That incident involved appellant hugging and kissing the child on the lips and putting his hands on her buttocks. M.C. stopped speaking to appellant and her grandmother when she was about 12 years old. She first told her mother about the abuse when she was between 15 and 17 years old. M.C.’s mother testified that, when M.C. was about 15 years old, she disclosed to her mother that appellant had molested her. The disclosure “involved him trying to kiss her and have her…