People v. Larios CA4/3

FACTS

I. Introduction

Briefly, the evidence at trial showed the following. While 12-year-old Elsa 3 Doe was living in a 480-square foot, two-bedroom San Jose house (House) with her sister Maria Larios (Maria), Maria’s husband Larios, and others from about 1998 to 2000, Larios molested Elsa. At various points over 15 years, Elsa reported the abuse to a school homework aide, her future husband Jonathan N., her mother, and her sisters. In 2015, Maria learned of Elsa’s accusations and confronted Larios. Trying to save his marriage, Larios sought counseling with a priest, first alone and then with Maria. The priest ultimately concluded he was a mandated reporter and spoke with the police. Elsa’s accusations divided her family, and some either blamed her for not remaining silent after so many years or did not believe her. Apparently not obtaining the remorse or support she desired, Elsa decided she would “stand up for [herself]” and contacted the police.

1 Because of our conclusion, we need not address Larios’s other contentions. 2 Unfortunately, Larios’s appellate counsel failed to include a statement of facts as required by the California Rules of Court. (California Rules of Court,…