People v. Villalobos CA4/2

BACKGROUND

John Doe was born in January 2003. Villalobos was born in December 1976 and

is Doe’s great-uncle. Doe met Villalobos in 2014. Villalobos lived with Mary B. Doe

visited Villalobos on weekends.

In January 2018, Villalobos was charged by information with (1) two counts of

aggravated sexual assault by means of forcible oral copulation with a child under 14

years old (Pen. Code, § 269, subd. (a)(4), counts 1 & 4); (2) three counts of aggravated

sexual assault by means of sodomy with a child under 14 years old (Pen. Code, § 269,

subd. (a)(3), counts 2, 5, & 7); (3) two counts of aggravated sexual assault by means of

sexual penetration with a child under 14 years old (Pen. Code, § 269, subd. (a)(5), counts

3 & 6); and (4) one count of making criminal threats (Pen. Code, § 422, count 8).

(Unlabeled statutory references are to the Penal Code.) Count 7 was amended after the

prosecution’s case-in-chief to allege one count of sodomy by force on a minor 14 years

old or older. (§ 286, subd. (c)(2)(C) (section 286(c)(2)(C).)

2 Doe testified at trial, when he was 18 years old. Sometime around July 2015, Doe

spent the night at Mary’s and was going to sleep in the same bed…