The People v. Castro CA4/3

FACTS

Defendant’s convictions arose out of three separate incidents involving two separate victims.

Victim No. 1 Victim No. 1 was nine years old in 2005. On one occasion in 2005, defendant invited victim No. 1 into the garage so he could pay her money for making the honor roll. Defendant asked for a kiss; victim No. 1 “pecked” defendant on the cheek. Defendant then “put his tongue in [victim No. 1’s] mouth.” Defendant touched victim

1 All statutory references are to the Penal Code. The charged offense on count 1 was sexual penetration of a child 10 years or younger (§ 288.7, subd. (b)), but the jury acquitted defendant of this charge and convicted him of the lesser included offense of battery.

2 No. 1’s buttocks over her clothes. Victim No. 1 did not immediately tell anyone about this incident. On another occasion a few months later, defendant took victim No. 1 with him to the market. When they returned home, defendant kissed victim No. 1 “like before” about three times in the backseat of the car. Defendant touched victim No. 1’s vagina over her clothing with his hand. Victim No. 1 refused defendant’s request to touch his penis. Victim No. 1 then told her mother about this…