People v. Valdez CA3

I. BACKGROUND

On September 25, 2023, the People filed a first amended information charging defendant with two counts of committing a lewd act upon a child, E.B., (Pen. Code,

1 § 288, subd. (c)(1)—counts one & two)1 and two counts of annoying or molesting a child, K.M. and E.B., respectively (§ 647.6, subd. (c)(2)—counts three & four). The amended information further alleged as to all counts that defendant had suffered a prior section 288 subdivision (c)(1) conviction in 2008. Finally, the amended information alleged multiple factors in aggravation. Defendant pled not guilty, and the trial court granted defendant’s motion to bifurcate the prior conviction and aggravating factors trial. At the jury trial, the People presented evidence that E.B. had a sleepover at defendant’s house in March 2012 with A.V. and K.M. E.B. was 15 years old at the time and K.M. was 17 years old. The girls hung out together on Friday. On Saturday, defendant purchased alcohol and cigarettes for them, and the girls and defendant hung out together in the garage drinking. When it got cold, the group moved inside to watch a movie. A.V. and K.M. laid in a bed they made on the floor in front of the TV and fell…