People v. Delgado CA2/5

Facts In February, 2013, appellant’s daughter Gabriela told her fifth grade teacher that someone was touching her. Sheriff’s deputies came to Gabriela’s school the day she reported the touching. Gabriela spoke with the deputies. Los Angeles County Sheriff’s Detective Maribel Rizo was assigned to investigate the case on February 14. That same day, she interviewed appellant at the jail facility in Lynwood. Appellant was advised of and waived his Miranda1 rights at the beginning of the interview, which was recorded. Appellant stated that things began in November, 2012, when Gabriela grabbed his penis, then took her clothes off. Appellant touched her with his penis. This occurred three or four times. Appellant also admitted that he touched Gabriela’s breasts when she took off her towel, on two or three occasions. He never put his penis in Gabriela’s vagina. Detective Rizo interviewed Gabriela later that same day, at her home, and again the next day at the district attorney’s office. Gabriela described six separate incidents of sexual contact with appellant, beginning around Halloween, 2012. Gabriela described two incidents of sexual intercourse with appellant, and one attempt at…