People v. Montes CA4/3

FACTS

In early 2010, Maria D., her husband, Ramon M., and Jose C., Maria’s then eight-year-old son, moved from El Salvador to a one-bedroom apartment in Santa Ana. In October 2010, Ramon invited defendant to live with them. Maria, Ramon, and Jose shared the bedroom and defendant slept on a couch in the living room. On occasion, Maria and Ramon left Jose with defendant. Jose sometimes told Maria he did not like defendant. The household arrangement with defendant held until 2012. Then, in late June 2012, Maria started working from 1:30 p.m. to 10:30 p.m. Ramon worked from 2:00 p.m. to 11:30 p.m. Although one of the neighbors had primary childcare responsibility for Jose while his parents worked, Maria and Ramon occasionally asked defendant to fulfill this role. At the end of June, Ramon left the United States to vacation in El Salvador. A few days later, July 2, Maria left Jose home with defendant while she went to work. Jose testified that after his mother left for work, he decided to watch television. He threw a cushion on the floor in front of the television and sat down. Jose was wearing sleeping shorts, underwear, and a top. A few minutes later, defendant came out of the…