People v. Melendez CA1/1

STATEMENT OF THE CASE

On August 29, 2013, a jury found defendant guilty of 24 counts of lewd and lascivious conduct with a child under 14 years of age. (Pen. Code, § 288, subd. (a).) On October 16, 2013, the trial court sentenced defendant to 24 years in state prison. Defendant timely appealed.

STATEMENT OF FACTS

During 2009, after coming to the United States from Honduras, defendant moved into the home of his cousin, U., and his cousin’s family in Daly City, California. At the time, U. was married to Mrs. C., and they had two children, C.C. and D.C. The youngest,

1 D.C., was born in April 2001 and she was nine years old when defendant began to live with the family. Defendant lived in this home for approximately two years. Mrs. C. worked at her job three days a week and U. worked seven days a week. During this two-year period, defendant would often watch the two children after school while the parents were at work. At no time did Mrs. C. observe any inappropriate behavior between defendant and D.C., nor did the mother note her daughter was uncomfortable when defendant was also present. A short time after defendant began living in the home, he showed to D.C. a video on his cell…