People v. Estrada CA4/3

FACTS

The Orange County District Attorney’s Office charged Estrada with numerous sex offenses against children. Three charges pertained to victim M.E.: aggravated sexual assault of a child by rape (Pen. Code, § 269, subd. (a)(1);1 count 6) and two counts of forcible lewd act on a child (§ 288, subd. (b)(1); counts 7 & 8). The information did not allege specific dates for these three counts. At trial, M.E. testified that in 2001, when she was 11 years old, M.E. and her father moved into a house with Estrada and others. One night, after having gone to sleep in her bedroom, she awoke to find herself lying on the garage floor, with Estrada on top of her. Estrada proceeded to rape her, while also putting his fingers in her vagina and fondling her breasts.

1 All statutory references are to the Penal Code.

2 Following the garage incident, Estrada continued to assault M.E. repeatedly over the next couple of months. M.E. would wake up at night in her bed to Estrada touching her vagina and breasts. In several of these incidents, Estrada raped M.E. On one occasion, M.E. went to sleep in her bedroom and awoke in an adjacent bedroom, where Estrada then raped her. During closing arguments,…