People v. Aguilar CA4/1

STATEMENT OF FACTS

Aguilar does not contest the admissibility or the sufficiency of the evidence to

support his conviction. Accordingly we will adopt the statement of facts from the

respondent's brief as a fair summary of the evidence taken in the light most favorable to

the trial court judgment.

A. Appellant's Molestation of Jane Doe

Jane Doe 1 was born in November 1981. Her older sister, Tamara,2 married

appellant in 1995, when Doe 1 was around 14 years old. Doe 1 accompanied Tamara and

appellant to Mexico for several days following the wedding. During their first night in

Mexico, several people, including Tamara, appellant, and Doe 1, slept on the floor in the

same room. Appellant touched Doe 1 as she was falling asleep. He put his hands under

her clothes and touched her breasts for about a minute or two. He also grabbed her inner

thigh and rubbed her vagina. Doe 1 was scared and too shocked to move.

The records indicates that Tamara went by several different last names. We refer to her by her first name so as to avoid any potential confusion. 3 Prior to touching Doe 1 in her sleep, appellant told her to take off her shirt when

she went to the…