People v. Molina CA4/3

FACTS

In 2010, defendant’s daughter K.J. was friends with R.C. R.C. often spent the night at K.J.’s house. She would sleep in K.J.’s bedroom or in defendant’s bedroom if the girls fell asleep while watching his television. When the girls would fall asleep in defendant’s room, he would join them in his king bed. This happened around five times. Defendant’s wife slept in a different room. On December 31, 2010, R.C. spent the night with K.J. R.C. had just turned 11 years old. As R.C. lay asleep in defendant’s bed between defendant and K.J., defendant rolled on top of her. His erect penis rested on her thigh, his chest was atop hers, and he moved his hips back and forth. Defendant whispered to R.C. that she was pretty. He asked her if she liked it, said he was trying to make her feel more relaxed, and rubbed her arms.

1 All statutory references are to the Penal Code unless otherwise stated.

2 R.C. moved over and pushed him away. She woke up K.J. The girls went in the bathroom. R.C. told K.J. what had happened. R.C. felt scared and sad. They decided to tell K.J.’s mother. They went to the living room and woke up K.J.’s mother and told her what defendant had done. K.J.’s mother did…