People v. Lopez CA4/1

STATEMENT OF FACTS

In March of 2013, the victim, C.G. lived with her parents in a complex near her

paternal grandparents. Lopez was her grandfather.

On March 19, 2013, C.G.'s grandmother picked her up from school so she could

babysit C.G. The grandmother left C.G. in the bedroom and was away from the home for

15 to 20 minutes.

While the grandmother was gone, Lopez entered the bedroom, removed his

clothes and then removed C.G.'s clothes. He thereafter got on top of her and placed his

penis in or against C.G.'s vagina.

Lopez had engaged in the same conduct on two other occasions, but had his

clothes on at those times.

2 The prosecution introduced evidence under Evidence Code section 1108, from

G.L. She testified that when she was 14, Lopez frequently sexually harassed her as she

traveled to and from school.

DNA consistent with that of Lopez was found in C.G.'s underpants. One sperm

cell was found in C.G.'s underpants, however it was not possible to determine the source

of the sperm cell.

DISCUSSION

As we have noted, appellate counsel has filed a brief pursuant to Wende, supra,

25 Cal.3d 436 requesting this court review the record for…