People v. Navarrete CA3

I. BACKGROUND

Defendant was convicted of 10 counts of sexual offenses—lewd and lascivious acts, sexual intercourse or sodomy, and oral copulation (Pen. Code, §§ 288, subd. (a), 288.7, subds. (a), (b))—against a relative when she was around five or six years old. Such abuses occurred around 2015 when defendant was 19 to 20 years old. On several occasions, with I.N. asleep in the same room, defendant sexually assaulted the girl. Defendant denied abusing her. He also denied an uncharged offense: According to I.N., late one night in 2016 or 2017, defendant coaxed a visibly intoxicated woman in her mid-twenties into the backseat of his car while I.N. was in the front passenger seat. Defendant drove briefly, stopped, grabbed a condom out of the middle console, and got in the back seat of the car. I.N. remained in the front, overhearing defendant “engage in sexual relations with her but against her will,” while she repeatedly asked defendant to stop, crying and struggling throughout. Over defense counsel’s objections, the trial court ruled I.N.’s testimony would be “well within the ambit of [section] 1108 . . . . It is precisely what is contemplated by the [L]egislature and the passage…