People v. Munoz-Garcia CA1/1

I. BACKGROUND

On June 28, 2021, the Contra Costa County District Attorney filed the operative information in this case charging Munoz-Garcia, as relevant here, with six felony counts of child sexual abuse. With respect to Jane Doe 1, the information alleged that Munoz-Garcia committed sexual intercourse or sodomy with a child 10 years of age or younger (Pen. Code,1 § 288.7, subd. (a); count 1); lewd and lascivious acts on a child under 14 (§ 288, subd. (a); count 2); and forcible lewd and lascivious acts on a child under 14 (§ 288, subd. (b)(1); count 3). With respect to Jane Doe 2, the information alleged that Munoz-Garcia committed lewd and lascivious acts on a child under 14 (§ 288, subd. (a); count 4) and two counts of oral copulation or sexual penetration of a child 10 years of age or younger (§ 288.7, subd. (b); counts 5 and 6). A. Underlying Facts The following facts were presented at the preliminary hearing in this matter: 1. Allegations Involving Jane Doe 1 In 2015, when Jane Doe 1 was 11 years old, she disclosed that Munoz- Garcia, her uncle, had sexually assaulted her when she was nine or 10 years old. The incident occurred when Jane Doe 1 was spending the night…