People v. Myers CA3

BACKGROUND

The stipulated factual basis for defendant’s plea is taken from the probation report. In June 2019, K.L.’s family hosted a birthday party for K.L.’s father. K.L. was seven years old at the time. Her parents’ friend brought defendant, a 39-year-old man, to the party. K.L.’s father had met defendant previously, but he did not know defendant’s name. At the party, defendant drank alcohol and became heavily intoxicated. He eventually fell asleep on the living room couch, where K.L.’s parents let him stay the night so he would not be arrested for an alcohol-related offense.

1 In the middle of the night, defendant went into K.L.’s bedroom and tapped her to wake her up. He repeatedly told her “I love you” and touched her vaginal area and buttocks over her clothes. Defendant also inserted a portion of his thumb into her vagina, from outside of her clothing, pushing the clothing into her vagina a few times. He then began to pull her pajama bottoms and underwear down, but K.L. pulled them up and ran out of the bedroom and into the living room, where she tried to go to sleep on the loveseat. Defendant followed her and tried to lie down next to her. K.L. then moved to a small…