People v. Soto CA4/2

BACKGROUND

Jane Doe (Minor) was born in June 2003. In 2016, she and her mother, L.A.

(Mother), lived in an apartment in Coachella; Mother had recently begun dating

defendant.

Minor did not trust defendant and usually had a ride to school, but not on

February 19, 2016. Defendant spent the previous night at the apartment and agreed to

take Minor to school because Mother had to leave early for work. Minor testified

regarding how defendant abused her that morning, including that he approached her on

the couch where she was dressed and waiting to depart, he sat down next to her

unexpectedly, and she froze with fear as he first “squished” his hand “between his body

and [hers],” and subsequently engaged in forceful lewd acts that included digital

penetration and oral copulation. Minor did not answer Mother’s daily morning call to her

cellphone to wake her at 6:20 a.m., and Mother’s ensuing calls to Minor’s and

defendant’s phones went unanswered.

When Minor finally answered Mother’s call, Mother could tell from Minor’s tone

of voice that something was different. At some point, defendant returned to the room and

then drove Minor to her school. There, when a friend inquired…