In re A.H. CA4/2

FACTS HISTORY

On August 21, 2013, at approximately 9:30 p.m., the victim, who is deaf, was

lying on her bed using her cell phone to communicate with her boyfriend both by text and

All further statutory references are to the Penal Code.

2 by sign language utilizing FaceTime. She felt something coming from the window where

she turned to see minor’s face. “I saw his face clearly.” The victim recognized minor

immediately. Minor had removed the window screen and crawled into her bedroom

through the window. He then reached and grabbed the victim’s cell phone out of her

hands. She yelled at minor who immediately left. Her boyfriend called the police.

The victim had previously seen minor regularly on numerous occasions in and

around her apartment complex riding his bike, playing basketball, and playing with his

friends: “I have seen him lots of times.” She knew he lived somewhere near the back of

the apartment complex. The victim did not know minor’s name, so she communicated

his description to her daughter who immediately knew who he was and where he lived.

Rialto Police Officer Joseph Maltese was dispatched to the apartment complex

around 9:30 p.m. that night. The…