People v. Felix CA2/6

FACTS

Prosecution Evidence Gisselle was friends with appellant's daughter, J., from the third through fifth grades. Starting in the fourth grade, when Gisselle was nine years old, she would go over to J.'s house to play or swim in the pool. Appellant would drive her back home. Sometimes J. would ride with them, but more often appellant and Gisselle would be alone. One day when Gisselle was in the fourth grade, appellant drove her home by himself. He told her to sit in the front seat, which she did not always do. When they stopped at a stoplight, appellant reached over, put his hand through the side of her shirt, and squeezed her breast. Gisselle was scared and tried to move away. Appellant asked her if she wanted him to stop, and she said yes. Appellant withdrew his hand and drove her home. Over the next year, appellant touched Gisselle approximately 10 more times on her breast and on her vaginal area over her clothes. He would do this whenever he drove her home and J. was not there. Appellant would also touch Gisselle in the same places when she and J. went swimming. Once, while he was driving her home, he grabbed hold of Gisselle's hand and forcibly tried to…