People v. Macias CA4/3

FACTS

We relate only those facts relevant to Macias’s challenges to his conviction. When Macias’s granddaughter J.M. was nine years old, she spent one night sharing a bed with her brother, grandmother, and Macias. When she got up to use the bathroom, her grandmother and brother were gone. Macias grabbed J.M.’s wrists and pulled her back onto the bed. She explained that Macias “kind of threw [her] down.” Macias touched J.M. several times after he pulled her down. First, he touched her thigh, which was charged as Count 2. Second, he touched her breast, which was charged as Count 3. Macias then put his other hand inside her shorts to touch her vagina. J.M. told Macias to stop, pushed his hands away, and ran to the bathroom. A sixth grandchild testified as to additional uncharged sexual crimes. The charges

2 included 15 counts of lewd or lascivious acts upon a child under the age of 14 (Pen. Code1 § 288, subd. (a), counts 1, 5–13, 15–19); one count of attempting to commit a lewd or lascivious act with a child under the age of 14 (§§ 664/288, subd. (a); count 14); two counts of forcible lewd acts upon a child (§ 288, subd. (b)(1); counts 2 and 3); and one count of oral copulation or…