People v. Alba CA2/4

BACKGROUND

In December 2011, Miriam (then age 12) and her sister Stephanie were staying with a friend of their Aunt Noemi.2 The friend is the mother-in-law of defendant’s cousin Jessica. Jessica and Jessica’s daughter Brianna (then age 18 months) were living at the home. During that time, defendant was living with his uncle and aunt, Amado and Maria, and their son. On Christmas Eve 2011, Amado and Maria hosted a party in their home. The party extended into Christmas morning. In addition to Amado and Maria and their son, defendant, Jessica and her daughter Brianna, Noemi and her nieces Miriam and Stephanie, and Miriam’s father Joaquin also were at the home where the party was held. The party started at about 9:00 or 10:00 p.m. on Christmas Eve. At about 1:00 a.m. the next morning, Jessica placed 18-month-old Brianna on the bed in defendant’s bedroom. At about 2:00 a.m., Jessica took Miriam to the bedroom so that Miriam could sleep next to Brianna. At about 4:00 a.m., defendant went to the bedroom, where Brianna and Miriam were sleeping. According to Miriam, defendant got in bed and sexually assaulted her. She testified that she woke up when she felt defendant trying to place his…