People v. Vega CA2/2

FACTS AND PROCEDURAL BACKGROUND

Facts We summarize the evidence of the crimes adduced at trial, and “we apply the familiar appellate standard that, ‘[o]n appeal, we . . . construe the facts in the light most favorable to the judgment.’” (People v. Curl (2009) 46 Cal.4th 339, 342, fn. 3.) Testimony of M.L. 2 Defendant’s primary victim was his younger half sister, M.L., born in May 2010. She was 12 years old at the time of trial

All further undesignated statutory references are to the Penal Code. M.L. was called as a witness at trial, but after refusing to answer questions, she was found to be unavailable under

2 and 10 years old when the crimes were reported to law enforcement. Defendant, born in 1995, is approximately 15 years older than M.L. Defendant and M.L. lived in an apartment with other family members, including M.L.’s half sister, M.B., and their mother, Martina L. M.L. testified to a number instances of abuse by defendant, including: 1. When she was eight or nine years old and was alone with defendant in the living room, he lifted her shirt and reached under her clothing to touch her chest and breast area. M.L. was shocked, surprised, and scared. 2. Defendant…