People v. Villalba CA2/5

BACKGROUND

A. Facts

1. Prosecution Evidence R.M.,2 born in October 1998, is defendant’s step-granddaughter. R.M.’s mother married defendant’s son when R.M. was one year old. R.M. lived with her parents and three younger siblings in Whittier. Defendant, his wife Cathy, and their daughter Amanda, also lived in Whittier. Cathy routinely picked up R.M. and her siblings after school and brought them to defendant’s residence where Cathy babysat them until their parents picked them up after work. Defendant had an atypical work schedule; he was home in the afternoons. Cathy occasionally ran errands and left R.M. in defendant’s care; sometimes R.M. was left alone with defendant (i.e., without her siblings). R.M. and her siblings also visited defendant’s residence “practically every weekend” and “a lot” during the summers. R.M. testified about defendant sexually abusing her. Defendant started doing so when R.M. was six or seven years old. On the first occasion, R.M. was sitting on the couch in the living room watching television while defendant sat nearby using his

1 All statutory citations are to the Penal Code unless otherwise noted. 2 We refer to the individuals, other than…