People v. Zamora CA3

FACTS

A jury found defendant Roberto Fernandez Zamora guilty of eight counts of lewd and lascivious acts with a child under age 14. (§ 288, subd. (a).) He was sentenced to prison for 16 years, awarded 358 days’ custody credit and 53 days’ conduct credit, and ordered to pay a $240 restitution fine (§ 1202.4) and a $240 restitution fine suspended unless parole is revoked (§ 1202.45). Prosecution Case-in-Chief Y. was born in 1999 and was age 13 at the time of trial. In January 2012, she resided in Woodland with her 25-year-old sister and guardian, Jessica. Jessica’s sons, J. age nine and A. age three, also resided there. A.’s father, J.M., stayed there temporarily as well. When J.M. was present, Y. would sleep in J.’s room, sometimes on the floor and sometimes in the bed. Defendant is the brother of Jessica and Y. For a few weeks in January 2012, he resided with his siblings because his wife had evicted him from their residence. Y. had been on good terms with defendant and would talk to him about things that were bothering her or making her mad. On multiple occasions during his stay, defendant rubbed Y.’s bare feet for a few seconds using both of his hands. The rubbing made Y. feel…