People v. Devries CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Background The charges alleged conduct occurring from 1997 to 2000, when defendant was between 18 and 21 years old. At the time of the offenses, the victim, J. Doe, was between four and seven years old. Her older brother Carlos was between 10 and 13 years old. J. and Carlos are defendant’s cousins; defendant’s mother is half-sister to J. and Carlos’ mother. Both families lived in the Gilroy/Morgan Hill area and spent time at each others’ homes, although the timing and nature of the visits were disputed at trial. The Doe family lived in a house on San Miguel Street in Gilroy until 1995 or 1996, when they moved to a house on Eagle View Way. The Devries family lived in a house on Barcelona Court in Morgan Hill until December 1999, at which time they lost their home. For about six to eight weeks in 2000, the Devries family lived with the Doe family at the Does’ house on Eagle View Way. Defendant and his mother denied that defendant was included in this living arrangement, but J., Carlos, and their parents all testified that defendant lived with them during this period. Carlos and his parents testified that Carlos shared his bedroom with…