People v. Diaz CA2/3

Filed 12/31/24 P. v. Diaz CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B329239

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA475327) v.

LUIS EDEN DIAZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Affirmed. Benjamin Owens, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Luis Eden Diaz appeals from the judgment imposed after this court remanded the matter for resentencing. (People v. Diaz (Sept. 27, 2022, B314923) [nonpub. opn.].) Diaz’s counsel has asked us to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. The underlying charges were based on allegations that Diaz sexually abused four of his wife’s granddaughters between 2002 and 2018. In 2021, a jury found Diaz guilty of sexual intercourse or sodomy with a child under the age of 10 (Pen. Code, § 288.7, subd. (a); count 2);1 oral copulation or sexual penetration with a child under the age of 10 against M.Y. (§ 288.7, subd. (b); count 3); lewd act upon a child against M.Y. (§ 288, subd. (a); counts 4, 5); lewd act upon a child under the age of 14 against M.R. (§ 288, subd. (a); counts 6, 7, 8, 9); lewd act upon a child against B.Y. (§ 288, subd. (a); counts 10, 11); and continuous sexual abuse of a child against K.H. (§ 288.5, subd. (a); count 12). On counts 4 through 12, the jury also found true the allegation that Diaz committed a violation of section 288, subdivision (a) against more than one victim, within the meaning of the One Strike law, section 667.61, subdivisions (b) and (e). The trial court sentenced Diaz to an aggregate state prison term of 175 years to life, consisting of the following consecutive terms: 25 years to life on count 2 (§ 288.7, subd. (a)); 15 years to life on count 3 (§ 288.7, subd. (b)); 15 years to life on counts 4 to 11, pursuant to the One Strike law (§§ 288, subd. (a), 667.61, subds. (b), (c)(8), (e)(4)); and 15 years to life on count 12, pursuant to the One Strike law (§§ 288.5, subd. (a), 667.61, subds. (c)(9),