People v. Aguirre CA2/2

FACTS AND PROCEDURAL BACKGROUND

1. Facts Between the ages of five and 14, Z.O. and her siblings regularly stayed with their grandmother in Los Angeles. The grandmother’s home is on a lot with another house in the back and a separate garage on the side. Appellant lived in the back house with his wife, and was “like an uncle” to Z.O. When Z.O. was six or seven, she sat on a couch next to appellant to teach him English. Appellant placed his hand on her lap “moving [it] back and forth like up and down in circles.” She felt uncomfortable and moved away. When Z.O. was around the same age, she and her younger brother followed appellant into the garage. Z.O. played with balls on the pool table across from her brother, before he eventually left the garage. Appellant walked up behind Z.O., “unbuckle[d] his belt,” “put[] his pants down,” “lower[ed]” her pants, and placed “his private part on [her] rear.” He also grabbed her hand and placed it on his penis. Z.O. told her older sister that she had felt something touch her in the garage, and her sister told her not to tell their grandmother. On another occasion, when Z.O. “was about 10 or 11,” she sat at her grandmother’s kitchen table next to…