People v. Lopez CA2/6

STATEMENT OF FACTS

Jane Doe was born in 2004. Appellant is married to Doe’s sister S. In July 2017, appellant, S., and their young son J. were living with Doe, her mother, and her sister A. After her father’s death in April, Doe began drinking alcohol and smoking marijuana. One afternoon, Doe went into the bathroom to take a shower. After she undressed, she saw a cell phone camera pointed at her through a gap at the bottom of the bathroom door. She covered herself with a towel and opened the door. No one

subd. (a)), and annoying or molesting a child under the age of 18 (§ 647.6, subd. (a)).

3 Appellant also contends that his five-year term of probation must be reduced to two years pursuant to Assembly Bill No. 1950, which became effective on January 1, 2021, and applies retroactively to cases not yet final on appeal. (See, e.g., People v. Sims (2021) 59 Cal.App.5th 943, 958-964.) As the People note, this claim is moot because the court revoked probation and issued a warrant for appellant’s arrest.

2 was there, but she heard footsteps retreating in the direction of the bedroom appellant shared with S. and J. Doe testified that on several other occasions, appellant sexually…