People v. Molea CA3

FACTS AND PROCEEDINGS

Prosecution Case-in-Chief

The prosecution case on count 3 consisted primarily of the testimony of Debra H., her daughter C.H., their friend Sarah Googe, and, per Evidence Code section 1108, the victims of an uncharged incident and of an incident for which defendant previously had

2 been convicted. Because defendant’s contention involves count 3 and, to a lesser extent, count 1, the facts of counts 2 and 4 through 8 are not at issue and need not be set forth in this opinion. In fall 2011, Debra H. lived in Anderson with her husband, her three children including nine-year-old C.H., and an adult roommate. Debra met defendant in July 2011 through mutual friends John Googe and his daughter Sarah. Defendant resided with the Googes at their home in Happy Valley. Debra testified that she and defendant “had become friends. He would come over to the house, stay on the weekends. He went on family outings with us.” C.H. and her brother sometimes stayed with defendant at his residence. C.H. was 11 years old at the time of trial. She testified that it is “safe” to touch a person on the “shoulders” or on “their hand.” Conversely, other parts of the body are “unsafe to…