P.

FACTS

On April 15, 2011, S.N. lived with her granddaughters — T.N. (who was nine years old at the time of trial) and D.H. (who was seven years old at the time of trial). S.N. had suffered a stroke the previous year and consequently had speech problems and partial paralysis on one side of her body. Barney Saldana lived across the street from S.N. On April 15, 2011, defendant stopped by Saldana‟s house unannounced just before dark to offer Saldana a job. Defendant parked his truck in front of S.N.‟s house. He had a white poodle with him. T.N. and D.H. were playing in their front yard. Saldana had to check his work schedule at his boss‟s house to see if he could accept defendant‟s job offer. Saldana told defendant he would be right back. He told defendant to wait in front of Saldana‟s house and said defendant could urinate in

1 All statutory references are to the Penal Code unless otherwise stated. 2 The court granted the People‟s motion to dismiss an aggravated assault charge against defendant.

2 Saldana‟s side yard or use the restroom if he talked with Saldana‟s brother. Then Saldana went across the street and two houses down, leaving defendant alone in front of Saldana‟s house.…