People v. Woodward CA3

Filed 8/27/25 P. v. Woodward CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Nevada) ----

THE PEOPLE, C096487

Plaintiff and Respondent, (Super. Ct. No. F17000448)

v.

LOUIS RAY WOODWARD,

Defendant and Appellant.

A jury found defendant Louis Ray Woodward guilty of two counts of sexually penetrating his minor daughter (victim) and two counts of committing lewd acts upon her. The trial court sentenced him to 30 years to life for the sexual penetration counts and stayed execution of the sentences imposed on the lewd act counts. The abstract of judgment does not reflect any stayed sentences. Defendant contends the trial court erroneously instructed the jury on anal penetration. We disagree and affirm the judgment. But we do agree with defendant and the People that the abstract must be corrected to reflect the stayed sentences. Undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND In October 2014, when victim was five years old, victim’s mother noticed victim’s pubic area was “really, really red.” Victim stated that defendant was rubbing her “bottom” with his hand, and victim touched victim’s front side to simulate the action. In November 2014, mother reported the touching to the Nevada County Sheriff’s Office. Later that month, victim participated in two forensic interviews a little less than two weeks apart. During the second interview, victim told the interviewer that defendant was “touching [her] on [her], in [her] privates” with his finger 10 times. Using a diagram, she pointed to and circled her vagina and buttocks as the areas defendant touched. She said it was “[l]ike a grown-up touch.” Using a teddy bear, victim showed the interviewer what a grown-up touch would be like. She stroked the front and poked the bear on the bottom. The interviewer then asked if the touches went inside the body or stayed on the outside, and victim responded that they went inside on both parts. She told the interviewer her body hurt and was sore when this happened. In 2018, defendant was charged with two counts of committing lewd acts upon victim (§ 288, subd. (a)), specifically touching her vagina and her buttocks, and one count of sexually penetrating victim’s vagina with his fingers (§ 288.7). After a jury was unable to reach a verdict on those counts, the trial court declared a mistrial. The People proceeded with a retrial in 2021, this time based on charges that defendant committed two counts of sexually penetrating victim and two counts of committing lewd acts upon her. During the 2021 retrial, the jury heard mother’s testimony regarding discovering victim’s red pubic areas and the 2014 forensic interviews. They also heard from victim who testified that defendant touched her “[c]rotch,” which she also agreed was described as her “vagina,” and her “butt” area with his hands. She thought he did this more than one time but couldn’t really remember. She still couldn’t remember after watching a portion of the second forensic interview. She testified that her memory was better when the interview occurred. She also testified that when she wipes herself after urinating, she