People v. Somoza CA2/8

facts briefly and summarize only the material procedural issues. In March 2012, defendant was living with his girlfriend, Yancy,1 and her children, including eight-year-old Y.M. and seven-year-old G.M., in an apartment in Los Angeles. March 11 was a Sunday, the day Yancy normally went to the laundromat to do laundry. That morning defendant dropped Yancy off at the laundry as usual and returned to the apartment. Both Y.M. and G.M. were still in their beds in their room. Defendant went into the girls’ bedroom, picked up Y.M. and carried her back to his bedroom. Defendant made Y.M. lie on her back on his bed, took off her clothes and his, and got on top of her. He engaged in sexual intercourse with Y.M., and only stopped when he received a phone call from Yancy. Defendant then ejaculated on Y.M.’s stomach, wiping the ejaculate off of himself and Y.M. with one of his socks he had thrown on the floor. He told Y.M. to go back to her room and not say anything to her mother. Yancy thought defendant sounded agitated when she called from the laundry, so when she got home, she asked the girls if something had happened. After being pressed

We use the mother’s first name only for the…