People v. Ruiz CA4/2

FACTS AND PROCEDURAL HISTORY

At the change-of-plea hearing, the parties stipulated that the police report would

provide a factual basis for the pleas. Local sheriffs received a report of possible child

molestation from the victim’s mother. The mother related that her daughter, nine-year-

old Jane Doe, had attended a sleepover weekend at a friend’s home. Defendant and his

wife were the responsible adults at the home where Jane Doe was staying. While Jane

Doe was asleep, defendant came into the room and awakened her. Defendant took Jane

Doe onto his lap and began rubbing her between her legs. He asked her, “[d]oes it feel

good?” Jane Doe attempted to close her legs, but defendant continued to push them

apart. Defendant also put his hand inside Jane Doe’s underwear and touched her vaginal

area underneath her clothes.

Jane Doe also reported to her mother that defendant had taken his two children and

Jane Doe to the movies the same weekend. During the show, Jane Doe accidentally

spilled some candies on her lap; some fell onto the seat between her legs. Defendant

helped retrieve the candies, using the opportunity to touch Jane Doe’s vagina. When Jane

Doe told defendant…