P.

FACTS

Defendant was the longtime boyfriend/husband of a woman named M., who is victim No. 1’s mother and victim No. 2’s aunt. With regard to the conduct at 2 issue, we will separately describe the testimony of victim No. 1 and victim No. 2. Defendant did not testify.

1 All statutory references are to the Penal Code. 2 The other prosecution witnesses testified, for the most part, about the out- of-court statements of victim No. 1 and victim No. 2. Given the issues raised on appeal, there is no need to explore in detail various consistencies and inconsistencies in the victims’ statements, as the jury obviously believed the gist of the victims’ testimony.

2 Victim No. 2 Victim No. 2 was born in 1985. In the summer of 1999, at a family event, defendant walked next to victim No. 2 and “grabbed [her] butt.” Victim No. 2 characterized the touching as a “pinch.” Defendant did not say anything or do anything after the pinch. Victim No. 2 was still 13 years old at the time of this incident. Just before her 14th birthday, victim No. 2’s guardians took a vacation. M. and defendant moved into the home in which victim No. 2 was living. Once defendant moved into victim No. 2’s residence,…