People v. Aguayo CA1/1

BACKGROUND

We set forth only those facts necessary to address the two issues raised on appeal. Defendant admitted to police that he sexually abused his daughter on several occasions and described many of the acts. He also admitted taking photographs of some of these acts, and police retrieved numerous photographs from defendant’s cell phone. The photographs were “pictures of [Doe] that [defendant] took of her in various states of undress and while he was abusing her, sexually.” Defendant told police he exchanged some of the photos of Doe for photos of other minors with someone online. One of the photographs of Doe depicts a penis touching her vagina. Police showed the photograph to defendant, who admitted he had put his penis on Doe’s vagina, “ ‘Skin-to-skin.’ ” However, he claimed he never put his penis inside Doe’s vagina, “ ‘not one bit.’ ” Doe testified defendant put his penis on her vagina. She indicated “I remember feeling his penis on my vagina.” Doe did not “really know how to describe” what part of her vagina. She did not recall whether defendant’s penis was soft or hard or whether it was moving.

This leaves intact defendant’s convictions on nine other counts for…