People v. Luamanzo CA2/6

Facts and Procedural Background Prosecution Evidence In 2021, appellant, his wife R. Mendoza, and her two children, L.G. (victim) and Alex, lived together. The family slept in a living room that had been converted into a bedroom. L.G., who was 19 years old at the time, slept in one bed while her mother, appellant, and Alex slept in a different bed on the other side of the room. On the night of the incident, Mendoza was working and was not at home. Around 2:00 or 3:00 a.m., L.G. awoke to a man having sex with her. L.G. initially thought it was her boyfriend, P. Gutierrez, and told him to stop. When she reached down and touched the man’s hairline, L.G. realized it was not her boyfriend. The man stopped having sex with L.G., pulled her underwear and pants back up, picked up Alex and carried him to the other bed. L.G. grabbed her cellphone, turned on the flashlight, and confirmed the man was appellant. She ran to the restroom, locked the door, and called Gutierrez, crying inconsolably.

2 L.G. drove to Gutierrez’s house where he checked her vaginal area and found semen. L.G called her mother, father, and the police and told them all that she had been raped by appellant. Mendoza called…