People v. Ruiz CA2/6

FACTS

Prosecution Evidence Yolanda G. has three daughters: one, Y.G., with appellant, and two, M.G. and the victim (V.G.), from a previous relationship.3 Yolanda was arrested in March 2011 and subsequently deported. Her daughters stayed with appellant for about 10 months. V.G. and M.G. then moved in with Yolanda’s sister Carmela G. When they were staying with appellant, the girls at first slept in their own bedroom. After Yolanda was arrested, somebody else slept in that bedroom and the girls slept in appellant’s bedroom. Later, when appellant’s partner, Florencia Reyes, moved in with him, the girls slept in the living room. V.G. testified that appellant “used to touch [her]” at night in his room when they were alone. He would touch her under her clothes on her breasts. “A couple times” he touched her inside her vagina. He would bring her to his room and take off her clothes. Sometimes she woke up while he was undressing her. One time while she was asleep he took a photo of her in which her breasts and vagina were visible. She learned about the photo because she saw it on his cell phone. Once, V.G. woke up and appellant was on top of her with his penis inside her vagina. She…