People v. Emmans CA3

I. BACKGROUND

On October 23, 2023, the People filed an amended information charging defendant with one count of continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)).1 The amended information further alleged that defendant had substantial sexual conduct with the victim (§ 1203.066, subd. (a)(8)) and also alleged factors in aggravation. At the jury trial, the People presented evidence that defendant lived from August 2011 to November 2012 in the same house with the victim. The victim referred to defendant as her “uncle.” At that residence (hereafter, the house), the victim shared a room with her sister. Defendant stayed in the living room. One night when the victim was sleeping on her stomach, she woke up to find defendant on top of her “in a push-up position.” The victim felt something touching her between her legs. Defendant did not say anything and the victim pretended to be asleep. The victim told her parents, and they confronted defendant, who told them it was a prank. The victim was between seven and nine years old when this incident occurred. At the house, the victim would wake up sometimes to find defendant lying in her bed rubbing her head or scratching her…