People v. Ayala CA4/3

FACTS AND PROCEDURAL BACKGROUND

Andres lived a short distance from defendant’s residence. On four occasions in late 2008 and early 2009, when Andres was 15 years old and defendant 42 years of age, Andres visited defendant’s home where the two engaged in the acts of sodomy and oral copulation. During the sexual activity, defendant played videotapes of men and women having sex. Andres provided a general description of the interior of defendant’s home and a detailed account of the two bedrooms defendant occupied where the sexual encounters occurred. Blankets were hung over the windows and doors. Defendant also kept a roll of toilet paper in the room to clean up after the sexual activity. In the second bedroom defendant occupied, Andres noticed defendant could watch the front of the residence because his television was connected to a security camera mounted on the roof. Andres testified one of the adult videos defendant played was entitled either “Latinas 100 percent” or “100 percent Latinas.” In addition to smoking marijuana, Andres claimed defendant produced a glass pipe the two used to smoke methamphetamine. On direct examination, Andres testified he was afraid of defendant. After…