People v. Tran CA4/3

FACTS

Prosecution Case G.D., the victim, testified defendant sexually assaulted her on two occasions in October 2013. She had moved from Vietnam to the United States when she was 17 years old. At the time of the two incidents, she was 22 years old and recently married. She and her husband rented a room in defendant’s home, which was occupied by defendant, his family, and several tenants. A. The First Incident The first sexual assault incident occurred on October 19, 2013. At around 8:00 or 9:00 p.m., G.D. finished eating dinner in the garage with her husband and defendant’s wife. While her husband stayed in the garage to wash dishes, she went upstairs to change her clothes because she and her husband were planning to go out. G.D. testified she encountered defendant on the staircase and he touched her as she passed him. Although she could not remember where he touched her at the time of the

1 All further statutory references are to the Penal Code.

2 trial, she previously had stated he touched her on the waist. She then went upstairs and changed into a skirt and shirt. When she came back downstairs, she encountered defendant who was holding a baby’s bottle. According to her…