People v. Luamanzo CA2/6

Filed 6/17/25 P. v. Luamanzo CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B333115 (Super. Ct. No. 22CR04819) Plaintiff and Respondent, (Santa Barbara County)

v.

JOSE LUIS LUAMANZO,

Defendant and Appellant.

Jose Luis LuaManzo appeals after he was convicted by jury of forcible rape (Pen. Code, § 261, subd. (a)(2), count 1) and rape of an unconscious or asleep person (Pen. Code, § 261, subd. (a)(4)(A), count 2). He was sentenced to state prison for eight years. At trial, appellant sought to impeach the victim’s credibility by introducing evidence that she made prior false accusations against two different people. The trial court excluded the evidence pursuant to Evidence Code1 section 405 for failure to

1 All further statutory references are to the Evidence Code unless otherwise indicated.

establish the preliminary fact that the accusations were false, and pursuant to section 352. Appellant contends he is entitled to reversal because the admissibility of the evidence should have been governed pursuant to section 403, which would have allowed the jury, rather than the judge, to determine the veracity of the accusations. Appellant also contends the trial court abused its discretion in excluding the evidence pursuant to section 352. We conclude any error was harmless and affirm. Facts and Procedural Background Prosecution Evidence In 2021, appellant, his wife R. Mendoza, and her two children, L.G. (victim) and Alex, lived together. The family slept in a living room that had been converted into a bedroom. L.G., who was 19 years old at the time, slept in one bed while her mother, appellant, and Alex slept in a different bed on the other side of the room. On the night of the incident, Mendoza was working and was not at home. Around 2:00 or 3:00 a.m., L.G. awoke to a man having sex with her. L.G. initially thought it was her boyfriend, P. Gutierrez, and told him to stop. When she reached down and touched the man’s hairline, L.G. realized it was not her boyfriend. The man stopped having sex with L.G., pulled her underwear and pants back up, picked up Alex and carried him to the other bed. L.G. grabbed her cellphone, turned on the flashlight, and confirmed the man was appellant. She ran to the restroom, locked the door, and called Gutierrez, crying inconsolably.