People v. Sweeden CA5

FACTS

On June 15, 2019, six-year-old L.H. and her cousin went to appellant’s house to go swimming with some other children, where appellant was the only adult present. L.H. testified to three acts of sexual touching by appellant which occurred that day. When L.H. was changing into her bathing suit in the bathroom of the residence, appellant went in and asked L.H. if she needed help. L.H. responded that she did not, but appellant pulled up her bathing suit anyway. While doing so, appellant touched L.H. on her vagina.

All further undesignated statutory references are to the Penal Code.

2. L.H. then went swimming with the other children and appellant. While L.H. was in the pool sleeping on a floaty, appellant approached and held her and touched her on the inside of her swimsuit on her vagina. L.H. later went into the house to play with a cat. She ended up in the bedroom of the residence lying on the floor and reaching under the bed to try to get to the cat. Appellant came in and touched her bottom with his open hand. She felt his hand go inside her body. When she came out from under the bed, she noticed appellant was not wearing any shorts, and she could see his “private…