People v. Woods CA4/1

STATEMENT OF FACTS

The parties do not dispute the facts underlying the charged offense regarding A.

Indeed, Woods does not challenge either the admissibility or sufficiency of the evidence

to support the convictions regarding acts against A. His evidentiary challenge is to the

admissibility of the propensity evidence introduced regarding acts involving his older

daughter, A.P., and a 14-year-old student of his, Amelia. Accordingly we will accept the

statement of facts regarding the acts against A. as set forth in the appellant's opening brief

as a valid summary of the facts of the offenses. We will discuss the evidence regarding

acts involving A.P. and Amelia in the discussion section which follows:

In November 2010, 12-year-old A. lived in a two-bedroom, two-bathroom

apartment with her father, the appellant in this case, and her stepmother.

Around this time, every morning A. would go to appellant while he was lying in

bed and say goodbye to him, kissing him on the cheek before she left for school.

Appellant would then tell A. that the kiss on the cheek was wrong and that she should

kiss him on the lips, which she did. A. characterized the kiss as a "peck,"…