People v. Simmons CA3

FACTS

Defendant married B.’s aunt in 2012, when B. was five years old, but the family knew defendant for B.’s entire life. He was chosen to be her godfather because, as B.’s mother put it, “my daughter loved him very much. There was a special bond between them. He would always hold her when she was little, and he’s always had a special affection towards her.” In January 2019, B. lived with her parents and four sisters in Olivehurst. She was 11 years old and would turn 12 the following month. Defendant, B.’s aunt, and their three children lived in Grass Valley, about 30 miles to the east.

2 With the exception of a four-month period of time immediately preceding the events giving rise to defendant’s conviction in this case, during which B.’s mother and aunt were not on speaking terms, defendant saw B. “once a month,” if not “every two weeks.” They often went to the movies and out to eat. Defendant also routinely bought her presents, such as candy and toys, “whatever she asked for.” However, during the four-month time period noted above, they had not seen each other at all. Contact between defendant and B. resumed after B.’s mother sent a text message to her sister inviting her and…