People v. Gonzales CA6

I. FACTUAL AND PROCEDURAL BACKGROUND2

In 2012, defendant was a 21-year-old sandwich maker working at a supermarket. Mariah Doe, the victim, was a 12-year-old girl at the time. On October 29, 2012, Doe told the police she had had sexual intercourse with defendant earlier that year. Doe described the incident as follows. She was at a friend’s house when defendant picked her up and drove her to his residence. They watched television until 1 a.m., at which time defendant said he wanted to go to sleep. He took Doe into his bedroom and they lay down on the bed. After groping Doe and removing her clothes, defendant had sexual intercourse with her. At around 3 a.m., defendant drove Doe back to her friend’s residence. After Doe told the police about the encounter, police arranged a pretext phone call between her and defendant. During the call, defendant admitted having sexual

2 The statement of facts is based on a police report as summarized in the probation report.

2 intercourse with Doe. Police arrested him on February 15, 2013, and he voluntarily gave a statement to police. He again admitted having intercourse with Doe but stated that he believed she was 15 or 16 years old. The…