People v. Lopez CA4/3

FACTS

When defendant’s step-daughter, identified as Jane Doe 2 was 12 years old, defendant entered her bedroom and rubbed salve on her exposed chest. About one week later, he again went into her room, while Jane Doe 2 was sleeping, and touched her bared chest, grabbed her hand, and placed it on his penis. Jane Doe 2 woke up but pretended to remain sleeping until defendant left the room. Some months later, defendant’s then 13-year-old niece, identified as Jane Doe 1, was spending the night at defendant’s house. During the night, she woke up and noticed defendant was lying beside her with his hand under her tank top touching her breast. Defendant then grabbed her hand and placed it in his pants so that it touched his penis. When she removed her hand, defendant grabbed it and put it back inside his pants.

2 Thereafter, defendant confessed to his pastor what he had done and his pastor told him he should tell the police. Accompanied by his pastor, defendant talked to Sheriff Department Investigator Myrna Caballero. The interview was, at least in part, recorded and, during the interview, defendant essentially confessed to the above described events.

DISCUSSION

1. Review of the…