People v. Centenomiranda CA4/3

Filed 10/30/24 P. v. Centenomiranda CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062723

v. (Super. Ct. No. 19WF1563)

JULIO IGNACIO OPINION CENTENOMIRANDA,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed. Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Julio Ignacio Centenomiranda was sentenced to 20 years to life in prison for sexually assaulting and inflicting great bodily injury on an elderly woman during a burglary. On appeal, he contends: 1) There is insufficient evidence he harbored felonious intent in entering the victim’s house or that he inflicted the injuries she sustained; and 2) the trial court erred in denying his request for a mistrial based on the prosecutor’s alleged misconduct during closing argument. Finding no merit to these contentions, we affirm the judgment. STATEMENT OF FACTS In 2019, K.L. was living with her family and 87-year-old grandmother C.L. in a rear dwelling unit that is attached to her parent’s home in Garden Grove. The unit has a private entrance that is accessible only by walking through a side gate and traversing a pathway on the side of the house. Having suffered a stroke that left her partially paralyzed, C.L. could not speak or walk at the time this case arose. She slept in a medical bed that had a safety railing, and if she had to use the bathroom or wanted to move about the house, someone would have to lift her out of bed and put her into her wheelchair. On the night of June 27, 2019, K.L. put C.L. to bed and went to sleep around 10:00 p.m. However, a few hours later, K.L. heard C.L. making noise, so she got up to check on her. K.L. discovered C.L. in her wheelchair in the kitchen with defendant. Having removed C.L.’s pants, defendant was kneeling in front of her with his pants downs and his head in her pelvis area. K.L. screamed for her husband, and together they grabbed defendant and wrestled him outside. Defendant fought back and struggled to get away, but K.L. and her family managed to subdue him until the police arrived.