P. v. Rubalcaba CA4/1
As Rubalcaba does not challenge the sufficiency of the evidence to support his convictions, we set forth the facts relating only to his crimes against C.M. to provide context for his contention that we should reverse his count 3 conviction because the court improperly amended the information.
C.M. was 29 years old at the time of trial, and testified that as a minor he lived in El Nido, California, across the street from his best friend, whose father was Rubalcaba. Starting when C.M. was 12 years old, Rubalcaba touched C.M. inappropriately more than five times, including touching C.M.’s buttocks and penis when C.M. slept over at Rubalcaba’s house. Rubalcaba used to let C.M. sit in his lap and drive Rubalcaba’s car. On one such occasion, when C.M. was 12 years old, Rubalcaba touched C.M.’s chest and stomach under his clothes. On another occasion, Rubalcaba took him to pick grapes and told him to suck Rubalcaba’s penis, and C.M. did so briefly.
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