People v. Garcia CA2/6

STATEMENT OF FACTS

Sufficiency of the Evidence Appellant's convictions arise from a sexual assault he committed on his 83-year-old grandmother, M. The attack took place at M.'s house in Moorpark. M. shared her residence with J.M., who rented out part of the attached garage, and D.N. and her husband, who rented out the spare bedroom. Prior to the attack, appellant had a good relationship with M. and visited her every week at her house in Moorpark. Appellant was homeless at the time and occasionally came over to use an outdoor shower in M.'s backyard. On the morning of the incident, M. went out to the porch at the side of her house and sat down to take her medications. Appellant arrived and told M. he was going to use the outdoor shower. After appellant took the shower, he returned to the porch and picked M. up out of her chair. M. was frightened and loudly screamed for help. She fought, kicked, and hit appellant with a plastic bottle in an effort to prevent him from taking her into the house. M.'s efforts were not successful. Appellant carried her into the house, through the kitchen, and into her bedroom, a total distance of 31 feet and 5 inches. He threw M. on…