People v. Loma CA1/3

Filed 7/23/25 P. v. Loma CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A172590 v. PABLO CIMIENTO LOMA, (Riverside County Super. Ct. No. INF1900352) Defendant and Appellant.

A jury convicted Pablo Cimiento Loma of oral copulation, sexual intercourse with a person under 16 years of age, and lewd and lascivious acts upon a child.1 The trial court found two aggravating factors true, and it sentenced him to ten years, four months in prison. On appeal, Loma alleges instructional error. We affirm. BACKGROUND In summary, Jane Doe was Loma’s sister-in-law. She testified he touched her inappropriately on various occasions. The first time was in her grandmother’s pool when he used his foot to touch her twice in between her legs. Another time, Jane was sleeping at Loma and M.S.’s apartment;

1 The California Supreme Court transferred this matter from the Court

of Appeal for the Fourth Appellate District to the First Appellate District on February 25, 2025.

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M.S. — Loma’s wife and Jane’s sister — was at work. He woke Jane up, tried to take off her shirt, took off his shorts, and had sex with her. She let him put his penis into her vagina even though she “didn’t like it.” He told her she “better not tell anyone.” Later that night, he woke her up again, placed his hand on her breast, and forced his penis into her mouth; after, he pulled her shorts down and had sex with her once more. Two nights later — and ten days after she turned 15 — Jane again spent the night at Loma’s apartment. She awoke to his hand on her breast under her shirt; his other hand was on her thigh, close to her panty line and under her clothing. He’d placed his mouth on her breast when M.S. entered the room, saw him, and began “stomping him” and kicking him off of Jane. Jane ran outside and called her friend, who picked her up. M.S. called 911 and reported Loma “tried to rape” her “little sister,” and she saw him “kissing [Jane’s] breasts or something.” Police were dispatched to the apartment where they spoke with M.S. While she was speaking to the police, Loma called. She took the call over speakerphone, and the officer’s body-worn camera recorded the call. During the call, Loma said, “I fucked up. Do you understand me? I fucked up, [M.]” When M.S. asked, “What did you do, Pablo?,” he replied, “I just did what you sa– what you saw me do.” Later he said, “I didn’t do anything. But I know that I did – what I did was a mistake that I shouldn’t have done. Seriously. I lost . . . my family. I’m losing it. . . . [F]orgive me, [M.]” The trial court instructed the jury with CALCRIM No. 358. The court told the jury: “You have heard evidence that the defendant made an oral statement before the trial. You must decide whether the defendant made any such statement in whole or in part. If you decide the defendant made such a statement, consider the statement along with all the other evidence in