People v. Barrientos CA4/2

BACKGROUND

Carlos Ismael Galica (Ismael) was born on January 28, 2006. The defendant and

Ismael’s father, Carlos Galica, separated when Ismael was one year old, after an unstable

relationship, and defendant moved back with her family. In March 2008, defendant and

Ismael moved in with defendant’s older sister, Diana. In 2008, defendant went to work at

a fast food restaurant, where Diana, as well as her younger sister Lorena, her cousin Luis

and his girlfriend Monica, also worked. During 2008, while defendant worked, Ismael

was cared for by defendant’s mother or sister.

Defendant met Rudy Marquez3 in August 2008 while working at the fast food

restaurant and by October of that year, they started seeing each other. Because Diana’s

husband had spanked Ismael, defendant decided to move out. Rudy helped defendant

find an apartment in Corona and defendant moved in with him in January 2009. Rudy

was not working, so he said he would take care of Ismael. Rudy did not want anyone to

know where they lived.

After defendant moved in with Rudy, Ismael’s father called to request a visit with

his son, and when defendant told him he could not have a visit, the child’s…