People v. Ruiz CA2/2

FACTS

Prosecution Evidence Defendant was part of a large extended family, and he lived with several family members on Ledeen Drive in Lakeview Terrace.2 In addition to defendant and his mother, the Ledeen Drive residence was occupied by defendant’s sister, Esther; Esther’s son, Angel (also called Enriquito); defendant’s brother, A.; A.’s wife, Martha; and A.’s and Martha’s three male children, R., Stephen, and Brandon.3 Defendant had a sister named Celia who died in July 2012. Celia’s daughter, Esmeralda, came to California from Texas to spend time with her dying mother, and A. and Martha invited her to stay at the Ledeen Drive home. Esmeralda moved into the home with her three children: Andrew (also called Marcos), Heaven, and B. (also called D. B.), who was the named victim in count 1.

All further references to statutes are to the Penal Code unless stated otherwise. Defendant’s opening brief provides a partial family tree on page 4. We use first names only to avoid confusion, since many of the persons involved share a last name. The jury could not reach a verdict in count 1, which charged defendant with committing a lewd act upon B. Count 1 was…