People v. O'Connell CA6

I. Factual Background

In November 1998, three-year-old Y. lived in a two-story townhome in Santa Cruz with her parents and her eight-year-old brother. The bedrooms were on the second story of the townhome. A rear sliding glass door led to the backyard, where there was a tricycle, a bike, a “pony,” and a brightly-colored, “toddler size slide.” Before going to bed on November 17, 1998, Y.’s mother checked that the front doors were locked. She saw that the rear sliding glass door was closed, but she failed to check that it was locked. She put Y. to bed in Y.’s bedroom, and she went to sleep in her bedroom with Y.’s father. All of the bedroom doors were open to the upstairs hallway. To reach Y.’s bedroom, a person coming from the first story would have to pass by the parents’ bedroom. Around 2:00 a.m., Y.’s mother was awakened by Y. trying to crawl into bed with her. The mother picked Y. up and carried her back to Y.’s bedroom. Y. was wearing underwear, pajama bottoms, and a pajama top. The mother put Y. back into Y.’s bed and covered her up. The mother went back to bed in her own bedroom. Defendant entered the townhome through the rear sliding glass door. He came upstairs, passed by…