People v. Mendoza CA4/3

FACTS AND PROCEDURAL BACKGROUND

In 2007, Mendoza tackled 16-year-old Jane Roe from behind as she was walking home one night. Mendoza got on top of Roe and stuck his finger in her vagina. Roe stabbed Mendoza with a small knife she used for protection, and he ran away. In 2013, Mendoza picked up 10-year-old Jane Doe from her home (at about 1:30 p.m.), ostensibly to take her to a birthday party. Mendoza was a family friend. As they were walking to his nearby home, Mendoza had Doe drink some juice that tasted like medicine, which made Doe feel dizzy. At his home, Mendoza told Doe to sit on a couch. Mendoza rubbed lotion on Doe’s neck, arms, stomach (under her shirt), and pelvic area (underneath her underwear). Mendoza kissed Doe’s earlobes. Doe felt uncomfortable and tried to get up, but Mendoza pulled her down and told her to relax. They walked to a park and when they returned, Mendoza had Doe drink some more liquid that tasted like medicine. Doe fell asleep. When Doe woke up, she felt dizzy. Doe was on the couch with her legs wide open. Mendoza was inches away, zipping up his pants. Mendoza eventually took Doe

1 Further undesignated statutory references are to the Penal Code.

2…