People v. Mroczko CA4/3

FACTS

In 2009, then 11-year-old Jane Doe (Doe) lived in New Mexico with her mother, Joanna P., and her two younger siblings. Defendant, who was then 31 years old, moved from California to New Mexico to live with them, but he soon returned to California after he and Joanna had a particularly intense argument. After defendant left,

All further statutory references are to the Penal Code unless otherwise noted.

2 Joanna attempted suicide and spent time in a psychiatric hospital. Upon Joanna’s release from the hospital, she took Doe and her siblings to California, and in March 2010, Joanna and defendant reconciled. The charged crimes occurred between April and November 2010 when Doe was 12 years old. Doe reported that after the marriage, Joanna abused alcohol and drugs and became physically abusive and neglectful of her children. At the same time, Doe, a petite girl who was about five feet two inches tall, became close to defendant, who was around six feet tall and weighed 240 pounds. In fact, Doe stated she thought of defendant as her father and called him, “Dad.” Once in California, Doe and her family lived with Joanna’s mother and uncle in Riverside, but they soon moved into…