People v. Sindaha CA4/3

FACTS

In July 1984, 21-year old Sindaha followed 12-year and 10-month old Joseph S. into the men’s locker room of a community pool and started a conversation with him. Sindaha grabbed Joseph’s arm, pulled him into a bathroom stall, covered his mouth, and locked the door. Sindaha sat Joseph on his lap, told him to not make any noise, put his hand down Joseph’s swim trunks, and fondled his penis. In May 1985, the jury convicted Sindaha of violating Penal Code section 288, subdivision (b), and the trial court sentenced him to eight years in prison. He was released in 1989, violated parole, was returned to custody, and was paroled again in 1992. In February 1994, 31-year old Sindaha met and befriended Rena Z., a single mother of four children, including 13-year-old David Z. who was about four and one-half feet tall. One day, Rena gave Sindaha permission to take David to the movies. Instead, Sindaha took David to a friend’s house where they smoked marijuana and drank beer. Sindaha then took him to a motel. At the motel, Sindaha told David to take a shower, which he did. Sindaha went into the bathroom wearing only his underwear, and as he stroked his penis, he pulled back the shower…