People v. Aguilar CA4/3

Filed 11/15/24 P. v. Aguilar 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063297

v. (Super. Ct. No. 21WF1905)

ANGEL GEORGE AGUILAR, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed, as modified. James M. Crawford, 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, Eric A.

Swenson and Monique Myers, Deputy Attorneys General, for Plaintiff and Respondent. * * * A jury convicted defendant Angel George Aguilar of one count of oral copulation with a child 10 years old or younger (Pen. Code, § 288.7, subd. 1 (b) [count 1]), and one count of sodomy with a child 10 years old or younger (§ 288.7, subd. (a) [count 2].) The trial court sentenced Aguilar to 25 years to life in prison. Aguilar contends the evidence at trial was insufficient to support his conviction on count 2. We disagree and affirm the judgment but strike certain fines the Attorney General concedes were erroneously included on the abstract of judgment.2 STATEMENT OF FACTS Aguilar, an adult, sexually assaulted D.V., his cousin, several times a week over a one year period when D.V. was eight and nine years old and in the third grade. Among other things, the jury heard evidence Aguilar had forced D.V. to orally copulate Aguilar, one time by forcefully grabbing D.V. around the neck causing D.V. to suffer severe pain; ejaculated in D.V.’s mouth; forced D.V. to touch Aguilar’s penis; masturbated in D.V.’s presence to ejaculation; took D.V.’s clothes off and touched D.V.’s penis; forced D.V.’s