People v. Garcia CA2/4

FACTS

A. Prosecution Evidence 1. Prior Sexual Misconduct G.P., born 1980, and Amber P., born 1982, are sisters and appellant’s nieces. While children, they often visited appellant and his wife, who is their mother’s sister. Amber testified that on one occasion, when she was seven or eight, her father arranged for her to spend the night at appellant’s house. Amber’s grandmother was also in the house. When Amber awoke, she went to the living

All statutory citations are to the Penal Code.

2 room, where appellant was watching television. While Amber lay on the floor in front of the television, appellant pushed his hands under her underwear and fondled her genitalia. Amber immediately described the incident to her grandmother. She did not relate the incident to her parents until she was approximately 12 years old.2 The incident was never reported to the police. G. testified that when she was 11 years old, she was watching television with appellant in his living room late one night. Also present were appellant’s children, Luis G. and Christina G.-C., who were asleep.3 When appellant asked whether G. wanted a massage, she agreed. He unsnapped her bra, manipulated her breasts,…