People v. Welch CA4/2

I.

FACTS AND PROCEDURAL BACKGROUND1

Jane Doe was 16 years old during the trial. She testified that, starting when she

was 11 years old and in the 6th grade, defendant raped her numerous times over a three-

year period. Defendant impregnated Jane, and she gave birth while she was in the 8th

grade and one week before her 14th birthday.

1 Defendant does not challenge the sufficiency of the evidence to support his convictions. Therefore, we need not provide a detailed recitation of the facts. We must construe the facts in the light most favorable to the judgment. (People v. Curl (2009) 46 Cal.4th 339, 342, fn. 3.)

2 Jane testified that, at first, defendant started to touch and squeeze her breasts. She

tried to pull away from him and said she did not like what he was doing, but he grabbed

her tightly. Over time, defendant started to remove Jane’s clothing and touch her vagina

with his fingers. Finally, defendant began to force himself onto Jane and have

intercourse with her. The first time he did so, he got on top of Jane and, when she tried to

scream, he covered her mouth so her mother would not hear her. He covered Jane’s

mouth on many other occasions to prevent her from…