The People v. Regalado CA5

FACTS

I

PROSECUTION EVIDENCE

T. was born in 1993.3 Defendant, her stepfather, began touching her breasts and private areas when she was six years old. On one occasion during this time period, when she lived on Fairbanks, in Sanger, with a number of family members, just she and defendant were lying on the bed in the room they all shared. Defendant touched her on her breast and made her suck his breasts. Defendant touched T. more than three times during this time period. After he touched her, he would buy her ice cream or take her shopping.

1 All statutory references are to the Penal Code unless otherwise stated. 2 The jury acquitted defendant of committing a lewd act on a child (§ 288, subd. (a)) as charged in count 5. As count 2, which also alleged a violation of section 288, subdivision (a), was charged in the alternative to count 1, the trial court found defendant not guilty by operation of law. 3 In keeping with rules of protective nondisclosure, we refer to certain persons by their first names or initials. No disrespect is intended.

2. Tina, defendant’s niece, recalled that in the summer when she was nine and T. six, T. said her dad (which was how she…