People v. Valdez CA3

Filed 5/14/25 P. v. Valdez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C100458

Plaintiff and Respondent, (Super. Ct. No. 62154605)

v.

RONALD REYES VALDEZ,

Defendant and Appellant.

Appointed counsel for defendant Ronald Reyes Valdez filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review of the record has disclosed no arguable errors favorable to defendant. Accordingly, we will affirm.

I. BACKGROUND On September 25, 2023, the People filed a first amended information charging defendant with two counts of committing a lewd act upon a child, E.B., (Pen. Code,

1

§ 288, subd. (c)(1)—counts one & two)1 and two counts of annoying or molesting a child, K.M. and E.B., respectively (§ 647.6, subd. (c)(2)—counts three & four). The amended information further alleged as to all counts that defendant had suffered a prior section 288 subdivision (c)(1) conviction in 2008. Finally, the amended information alleged multiple factors in aggravation. Defendant pled not guilty, and the trial court granted defendant’s motion to bifurcate the prior conviction and aggravating factors trial. At the jury trial, the People presented evidence that E.B. had a sleepover at defendant’s house in March 2012 with A.V. and K.M. E.B. was 15 years old at the time and K.M. was 17 years old. The girls hung out together on Friday. On Saturday, defendant purchased alcohol and cigarettes for them, and the girls and defendant hung out together in the garage drinking. When it got cold, the group moved inside to watch a movie. A.V. and K.M. laid in a bed they made on the floor in front of the TV and fell asleep. E.B. sat on the couch with defendant who was charging his ankle monitor. Defendant rubbed E.B.’s bare thigh with his hand. She moved her leg away and tried texting K.M., but the message did not go through. Defendant then put his hand on her shoulder, massaging it. When defendant tried to move his hand to massage her other shoulder, E.B. got up and laid on the ground with the other girls. E.B. was afraid to fall asleep given defendant’s actions, but eventually drifted off. E.B. then awoke to feel someone behind her rubbing her vagina over her basketball shorts. She was sleeping on her side facing her friends and realized it was defendant touching her. K.M. was also awake and staring right at her. E.B. pushed away his hand and told K.M., “ ‘He’s touching me.’ ” K.M. responded, “ ‘I know. He was just touching me.’ ” Defendant put his hand up the leg of E.B.’s shorts and touched her vagina again.