People v. Santiago CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

Santiago was convicted of committing a series of lewd acts against a 13- year-old girl (Girl) on September 29, 2018, which involved touching Girl’s breasts, thighs and vagina. Santiago had been in an on-again, off-again relationship with Girl’s mother (Mother) for several years. Mother and Santiago had a two-year-old son together (Son), and they shared custody of him. Girl reported the lewd acts to Mother and another family member immediately after they occurred. Mother contacted the police, who arranged for Girl to undergo a forensic medical examination. Santiago was charged with five counts of committing a lewd act upon a child (Pen. Code, § 288, subd. (a)), and one count of committing a forcible lewd act upon a child (id., § 288, subd. (b)(1)). One of the five lewd act counts (count 2) was pled as a lesser included offense of the forcible lewd act alleged in count 1. At trial, among other things, the jury heard testimony from Girl describing the lewd acts, and it learned that swabs taken during Girl’s forensic medical examination showed Santiago’s DNA on Girl’s right breast. In addition, DNA consistent with Santiago was found on Girl’s…