People v. Montoya CA2/8

BACKGROUND

In April 2015, eight-year-old J. was living with her parents, siblings, maternal grandmother and appellant, her maternal uncle, at a residence on Vineyard. Her parents, grandmother and appellant each had separate bedrooms. J. and her siblings slept in the living room, or with their parents or grandmother. One afternoon in April, J.’s father went to a store to purchase some cigarettes for appellant. J. was at home with appellant. When J.’s father returned from his errand, he entered appellant’s room through that room’s separate outside entrance. He saw J. on appellant’s bed, lying on her left side facing appellant, with her hand extended toward appellant. Appellant was standing near the doorway, with his pants partly lowered. As J.’s father entered the room, J. retracted her hand and appellant pulled up or fixed his pants. J.’s father told appellant to leave the room so he could talk to J. J.’s father told her she was not in trouble, and asked her what had happened. J. pointed to her chest and said: “He was touching me right here.” J.’s father asked her why appellant had his pants down, and she replied: “Well, because I am touching for him too.” She did not say what she…