P.

FACTS

I. Prosecution

A. The Incident and Investigation

On December 29, 2010, D.D.‟s mother, Latrice W., dropped her off at her grandmother Yvonne B‟s house before going to work. Latrice W. was not aware that defendant, who had a prior conviction for sexual battery (§ 243.4) and annoying or molesting a child under the age of 18 (§ 243.4), was at the house. Defendant is D.D.‟s uncle on her father‟s side of the family. At the time of the incident, D.D. was 10 years old.

All statutory references are to the Penal Code, unless otherwise indicated.

2 Yvonne B. (who is defendant‟s mother) was not feeling well, so she told D.D. to go into the living room to watch TV. D.D. went to the bathroom and noticed that defendant was at the house. Defendant told her he had movies they could watch, so she went into his room. They talked about the Bible and watched a movie. Defendant had snacks in his room, and he allowed D.D. to have hot chocolate. Yvonne B. was suffering from back pain and was taking Vicodin three times a day. She took Vicodin at around 11:00 a.m. and went to bed to rest, where she stayed for most of the day. Around the time that she took the Vicodin, Yvonne B. asked…