People v. Gallegos CA4/3

FACTS

In 2009, Norma M.2 lived with Gallegos and her four children. Gallegos is the biological father of the youngest two children, and he assumed a parental role with Norma’s eldest children, Jessica M., then eight years old, and Sheila M. When Norma went to bed on Christmas Eve, Gallegos stayed up with Jessica and Sheila to watch a movie. Norma woke up sometime later and noticed the television had been turned off but Gallegos had not come to bed. She quietly entered the family room and saw Sheila asleep on the couch. When she peeked into the kitchen, Norma saw Gallegos and Jessica on the kitchen floor. Jessica’s underpants and pants had been pulled down to her ankles. Gallegos was licking Jessica’s vagina. Norma turned on

All further statutory references are to the Penal Code. First names have been used to protect the minor’s identity.

2 a light and told Gallegos she was going to call the police. Gallegos reacted by struggling with Norma, disconnecting the telephone line, threatening her if she called the police, and running out of the house. Santa Ana Police Officers Richard Ribeiro and Antonio Graham were dispatched to investigate Norma’s call. Norma, was…