Gonzalez

I. FACTUAL BACKGROUND AND PROCEDURAL

HISTORY

In July 1998, Gonzalez was convicted of one count of being a “resident child molester,”1 four counts of child molesta- tion,2 and two counts of indecent exposure. At the time, Gon- zalez resided with his brother’s family. His brother had three children, Bernice (then aged 13), Zulema (10) and Guillermo (8).

On April 3, 1998, the children came home from school early. In their parents’ bedroom, they found Gonzalez’s cloth- ing and some of Bernice’s and Zulema’s bras and panties strewn on the floor. Some of the panties had been stretched and torn. The children were scared and ran out of the house. When they returned a few minutes later, the clothing and undergarments were gone. Soon thereafter, they discovered 1 Conviction of this charge requires proof that one resides in the same home as the minor child and, over a period of time in excess of three months in duration, commits three or more acts of “lewd or lascivious conduct” with a child under the age of 14. Cal. Penal Code § 288.5(a). A touching of the minor’s body suffices as a predicate act under this statute if it is willfully committed “with the intent of arousing, appealing to,…