People v. Quinterosmendoza CA4/2

I. FACTS

Defendant is the father of A.M. (born February 2007) and her two sisters. In the

early hours of December 25, 2020, he drank to the point of getting drunk, grabbed A.M.’s

arm, took her into his bedroom, closed the door, said things to her in an “angry way,”

touched her breast, attempted to touch her vagina, and asked her if she was having sex

with two boys from school. After A.M. woke up, she called her mother and asked that

she pick up her and her sisters. Later, A.M. revealed defendant’s acts, and her mother

called 911.

1 Further unspecified statutory references are to the Penal Code.

2 Prior to the deputies arriving, A.M.’s mother recorded a pretext call between A.M.

and defendant. During the call, A.M. told him she had left his place because she felt

uncomfortable being around him after everything he had said; she never mentioned him

physically touching her. During her interview with the deputies, A.M. disclosed

defendant’s recent and prior acts of touching her. In addition to the Christmas 2020

incident, in April 2020, defendant “turn[ed] [her] over and then he put his [dick or penis]

in [her]” “ass” while she was asleep on the bed and her mom was at…