People v. Andrino CA4/2
Opinion
Opinion
I. FACTS AND PROCEDURAL BACKGROUND2
In April 2010, 12-year-old Jane Doe,3 her mother, and her sisters were visiting
Doe’s aunt. Defendant, Doe’s 20-year-old cousin, lived at the house. Defendant and Doe
began texting each other and the messages became sexual, with defendant asking Doe
All further statutory references are to the Penal Code unless otherwise indicated.
2 We use an abbreviated version of the statement of facts set forth in our prior appellate opinion. (People v. Andrino (Sept. 17, 2013, E055371) [nonpub. opn.], hereafter, E055371.)
3 Jane Doe testified that in April 2010, she was 12, and at the time of trial, September 12, 2011, she was 14.
2 asked about her sexual experiences. Doe felt “[a] little uncomfortable” about some of
defendant’s texts, but she would just laugh off the sexual comments.
On April 9, 2010, the family had a party at Doe’s aunt’s house. During the party,
defendant texted Doe about “what he wanted to do to [her] and whatnot.” Doe texted
defendant back, telling him they were cousins and were “not supposed to be doing this.”
At some point during the party, Doe went into a bedroom and began using a computer.