People v. Zambrano CA4/2

I.

FACTS

A. Prosecution Evidence

Jane Doe’s sister testified that on December 9, 2011, she lived in Fontana with her

mother, defendant (her mother’s boyfriend and Jane Doe’s biological father), and three

other siblings. The sister testified that her mother and defendant slept on a bed in the

garage, and that the door connecting the garage to the main house had no lock on it and

was normally left open. The sister went into the garage to wash some laundry but found

that the door to the garage was closed and would not open. After pushing hard on the

door, she was able to open it.

When the sister entered the garage, she turned on the lights and saw Jane Doe

sitting on the bed facing the door with her underwear and tights pulled down to her knees.

She also saw defendant standing next to the bed facing Jane Doe, with his boxer shorts

and pants pulled down to his knees. Defendant immediately sat down on the bed.

Defendant’s back was to the sister when she walked in, and she did not see his genitalia.

Defendant was unable to pull his pants up before the sister entered the garage, so he

covered himself with his hands and his shirt. Jane Doe tried to pull up her tights,…