People v. Cole CA3

BACKGROUND

We do not attempt to recite all the evidence adduced at trial. Nor do we attempt to resolve the inconsistencies and conflicts in the evidence. Instead, we summarize the relevant facts in the light most favorable to the judgment (People v. Maury (2003)

2 Effective January 1, 2019, section 288a was amended and renumbered section 287 by Senate Bill No. 1494 (Reg. Sess. 2017-2018). (Stats. 2018, ch. 423, § 49.) The former section 288a offenses at issue in this case now appear at section 287 without material substantive change. (See § 287, Stats. 2013, ch. 282, § 1.)

2 30 Cal.4th 342, 396, 403 [it is the jury’s role to resolve the inconsistencies and conflicts in the evidence]) and add facts throughout the Discussion section where necessary to resolve the issues raised on appeal. For purposes of clarity and consistency we refer, as the parties did in the trial court and in their appellate briefs, to the alleged victims in this case as John Doe 1, John Doe 2, and John Doe 3 (hereafter, JD1, JD2, and JD3, collectively John Does). The John Does are related to defendant, who was in his late 30s and early 40s when the incidents giving rise to this case occurred. JD1 and JD2…