People v. Mendez CA4/2

I. FACTS AND PROCEDURAL BACKGROUND

Defendant’s two victims are most efficiently described as his stepdaughters,

though he never married either of their mothers. Counts 9 through 14 were committed

against victim 1, who was born in 1995, while counts 1 through 8 were committed

against victim 2, who was born in 2001.

The mother of victim 1 began dating defendant in 1999, and he moved in with her

in 2000. Victim 1 is her daughter from a prior relationship. Victim 1’s mother had two

more children with defendant during their relationship. Defendant left her for the mother

of victim 2 in 2006. Soon after, defendant lost his job and began staying home as

caretaker for victim 2 and her younger sister (who was eight years old at the time of the

trial) while their mother worked. Eventually, the two mothers became friends, and both

developed relationships with the other’s children.

Victim 1 testified defendant would touch her in various ways that made her

uncomfortable, including slapping her on the buttocks, holding her on his lap in such a

way that she could feel his “private area,” and rubbing her back with his hand under her

2 Defendant has withdrawn another claim of…