Ortega

Around 1993, when his daughter was about nine years old, defendant Enrique Ortega started groping her breasts and vaginal area. In 1996, when she was 12 years old, she made a partial disclosure to her mother, stating only that defendant had touched her breast once. As a result, her mother made defendant move out of the house. In 1999, when his daughter was 15 years old, defendant moved back in and started groping her again. In 2002, when she was 18 years old, defendant left the family to live with another woman. At that point, his daughter finally disclosed the full scope of the molestation.

In 2003, defendant was charged with nine counts of a nonforcible lewd act on a child under 14 (Pen. Code, § 288, subd. (a)) and 13 counts of a lewd act on a child under 16 (Pen. Code, § 288, subd. (c)(1)). He fled the country. In 2010, he was located and extradited. In 2011, his trial on these charges resulted in a hung jury.

The prosecution then filed an amended information charging defendant with six counts of a nonforcible lewd act on a child under 14 and six counts of a lewd act on a child under 16. In defendant’s second trial, the jury found him guilty as charged. He was…