People v. Magallon CA2/6

Filed 1/21/25 P. v. Magallon CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B331729 (Super. Ct. No. 19CR03216) Plaintiff and Respondent, (Santa Barbara County)

v.

MANUEL NAVARRO MAGALLON,

Defendant and Appellant.

Manuel Navarro Magallon appeals a judgment following his no contest plea for committing sexual penetration of a minor 10 years old or younger (Pen. Code,1 § 288.7, subd. (b)) (counts 1– 4); lewd acts on a child under 14 years of age (§ 288, subd. (a)) (counts 6–14); and using a minor for recording sexual acts (§ 311.4, subd. (c)) (counts 15–30). The trial court sentenced Magallon to a consecutive 15- years-to-life term on each count for counts 1 through 4 for an

1 All statutory references are to the Penal Code.

aggregate indeterminate term of 60 years to life. It sentenced him to eight years on count 6, plus a consecutive two-year term on each count for counts 7 through 14, plus a consecutive eight- month term on each count for counts 15 through 30, resulting in an aggregate determinate term of 34 years eight months. It imposed this determinate term of 34 years eight months consecutive to his indeterminate term of 60 years to life. We conclude: 1) a certificate of probable cause was not required; 2) the trial court could reasonably find the prohibition against multiple punishments under section 654 does not apply to the facts of this case; and 3) the abstract of judgment is incomplete. We remand for the trial court to prepare a corrected abstract of judgment. In all other respects, we affirm. FACTS Jane Doe, a young child, lived with her mother and two developmentally disabled brothers in their Santa Barbara home. Magallon worked as “a caregiver” to provide “in-home caregiving and transportation services” for Doe’s brothers. He had “unsupervised access to Doe at the family home.” “During a seven-year period, commencing when [Doe] was age seven, [Magallon] repeatedly molested and sexually abused Doe. He also captured video footage of the molestations and sexual abuse he committed.” In 2019, Doe found two hidden cameras in the bathroom. Magallon was the only one who had access to that room. Doe’s mother contacted the police. The police obtained a search warrant for Magallon’s home. They seized cameras “disguised to look like phone chargers,” three laptop computers, cell phones, “memory cards,” and flash drives. The memory cards and flash