Cortez

I. BACKGROUND

24 The following facts are taken from the California Court of Appeal’s opinion in People v. 25 Cortez, No. H041081, 2016 WL 6962539 (Cal. Ct. App. Nov. 29, 2016): 26 The prosecution charged Cortez, a 43-year-old man, with sexually molesting two young girls: J., beginning at age 8 or 9, and her niece N., at age 4. At the time, Cortez was living with his girlfriend, Irma A. J. is Irma's daughter. N. is the 1 daughter of Maria A., who is Irma's daughter and J.'s older half-sister. 2 Police began their investigation in November 2012, after N. told Maria that Cortez had touched her at a birthday party. In the course of the investigation, J., then 11 years old, told police Cortez had molested her multiple times over the course of 4 several years while he was living with her and Irma. 1. Lewd or Lascivious Act on N. On November 18, 2012, Maria and her husband, David C., took N. to a family member's birthday party at Irma's apartment in San Jose. Maria and her husband 7 left N. at the party while they went shopping. After about two and a half hours, they returned to the party. Cortez, who was at the…