People v. Jimenez CA5
Opinion
Opinion
FACTS
Jimenez lived in Livingston and is the uncle of S.M., R.M., and J.R. In 2005, at age 14, S.M. went to live with her grandparents in Livingston. When S.M. was 15 years old she sometimes helped Jimenez at his office. On some occasions, Jimenez would try to kiss her on the mouth and hug her, which made her feel uncomfortable. Sometimes he succeeded in kissing her and he would put his lips against hers and push his tongue in her mouth. A few times Jimenez tried to reach under her shirt but she pushed him away. Other times, he would touch her chest over her clothes. Jimenez also would touch S.M.’s buttocks over her clothes. On two occasions, he put his hand under her skirt and moved it up her legs. Jimenez bought S.M. a cell phone and paid her phone bill because she helped him at the office. The day he bought the phone, he took her to his house on the pretext that he needed to pick up something. While at the house, S.M. went into his bedroom at Jimenez’s direction. Jimenez then attempted to put S.M. on the bed. He also kissed her and placed his tongue in her mouth. S.M. resisted and after a few minutes he stopped and they left the house.