People v. Tapia Ca4/3

FACTS

M. V. lives in an apartment on Parton Street in Santa Ana. Defendant is the brother-in-law of the apartment manager. On April 11, 2012 at about 2:15 in the afternoon, when she was three months pregnant, she was lying in bed with her infant daughter, who was sleeping, and her four-year-old son, who was watching television when she heard a noise. She then felt “like a shadow like standing like next to” her. Defendant was “standing like right next to [her] bed.” She added she could smell alcohol and that he was “like drunk.” Defendant grabbed her breast, and said, “I can see your nipple.” He chased her around the bed, and pulled the blanket away. She described what happened next: “And then he just grabbed me and he tried to grab my leg, and then he is like, are you wearing underwears? I was like, that’s not none of your business.” She took his hand away, and “then like he just got on top of [her], and that’s when [her] daughter woke up and she started crying and shaking. Because she saw him on top of [her]. And [she] told him, get off, you’re hurting me.” He was “like hugging” her. She pushed defendant away. She started screaming for the apartment manager.

2 At some point,…