People v. Garcia CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History In August 2018, the Santa Clara County District Attorney filed a first amended information (information) charging Garcia and Torres with eight sex crimes committed against four-year-old A. Doe on or about and between January 1, 2017, and March 31, 2017.1 The charges comprised two counts of sexual intercourse or sodomy with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a);2 counts 1–2), two counts of oral copulation or sexual penetration with a child 10 years of age or younger (§ 288.7, subd. (b); counts 3–4), and four counts of forcible lewd or lascivious act on a child under age 14 (§ 288, subd. (b)(1); counts 5–8). Additionally, the information charged Garcia with misdemeanor false representation of identity to a peace officer (§ 148.9, subd. (a); count 9). After the trial court ruled that Garcia’s statement to police about touching A. at Torres’s direction was admissible only against Garcia, the court empaneled separate juries to hear the evidence against Garcia and Torres in a joint trial. In October 2018, Garcia’s jury found him guilty on counts 1–8.3 Torres’s jury found her guilty of all counts except…