People v. Reyes CA2/8

Filed 7/17/24 P. v. Reyes CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B322328

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA093232) v.

ANDRES ESTUARDO RECINOS REYES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. David Walgren, Judge. Affirmed. Emry J. Allen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

**********

Defendant and appellant Andres Estuardo Recinos Reyes appeals from his conviction by jury of six felony sex offenses. He contends the court erred in failing to grant his request to substitute counsel and that his appointed counsel provided ineffective assistance. We affirm. FACTUAL AND PROCEDURAL BACKGROUND For several years defendant lived in the same home as his half sister, P.D., a minor who was 12 years younger than defendant. P.D. testified that defendant repeatedly sexually assaulted her (as often as several times a month), starting when she was four years old. The acts usually consisted of defendant “dry humping” P.D. (laying on top of her with his clothes on and “grind[ing]” his pelvis against hers), inserting his fingers into her vagina or orally copulating her. P.D. did not resist because she was afraid of defendant and he threatened to rape her if she did. When P.D. was 12, her mother told her they were going to be moving out and it gave P.D. the courage to resist defendant. Defendant was angry. After P.D. and her mother moved out of the home, defendant exchanged numerous text and Instagram messages with P.D. acknowledging his conduct, claiming that P.D. liked it, insulting and threatening P.D., and demanding that she delete all the messages. Portions of the messages were played for the jury. At the age of 17, P.D. learned that her five-year-old nephew would soon be living in the same home as defendant, and she was concerned that defendant might start molesting him. P.D. made the decision to report what defendant had done to her. After being interviewed by the police, P.D. agreed to make a recorded phone call to defendant. During that call, defendant told P.D. to lie to the police.