People v. Belen CA2/6

Filed 9/3/25 P. v. Belen CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B335979 (Super. Ct. No. 20F-02249) Plaintiff and Respondent, (San Luis Obispo County)

v.

ELDERJAIRUS STOTOMAS BELEN,

Defendant and Appellant.

A jury found Elderjairus Stotomas Belen guilty of one count of sexual intercourse with a child under 10 years of age (Pen. Code, § 288.7, subd. (a)) count 1 (Victim L.); two counts of sexual penetration of a child under the age of 10 years of age (id., subd. (b)) counts 2 and 3 (Victim J.); and eight counts of lewd or lascivious acts on a child under 14 years old (id., § 288, subd. (a)) counts 4-11. As to counts 4 through 11, it was further alleged that the victim was under the age of 14 years old and that there were multiple victims. (Id., § 667.61, subds. (j)(2) & (e).) The

jury found aggravating factors under California Rules of Court, rules 4.421(a)(1)-(12) and 4.421(b)(1). The trial court sentenced Belen to an aggregate term of 80 years to life in state prison as follows: 1) two consecutive terms of 25 years to life as to counts 1 and 4; 2) two consecutive terms of 15 years to life as to counts 2 and 3; and 3) seven concurrent terms of 25 years as to counts 5-11. We affirm. FACTS The issues raised in this appeal do not require that we state the facts in detail. A brief summary will suffice. Belen lived in a five-bedroom house with Victim J., a minor child, and Victim J.’s mother. They all occupied one bedroom in the house. Other bedrooms in the house were occupied by Victim J.’s relatives, including Victim J.’s cousin, Victim L., also a minor child. Victim L. In June 2013, when Victim L. was five years old, Belen began sexually molesting her. The molestation began at a rate of once a month, then twice a week, then every day. He would touch her breasts and vagina and put his fingers in her vagina. The molestations included rape when Victim L. was seven years old. They continued for approximately five years. Victim L. moved out of the house in February 2018. In December 2016, Victim L. complained to her aunt that Belen was always touching her and tickling her, and she wanted him out of the house. In March or May 2019, Victim L. told her friends about what Belen had done to her. Victim L. did not tell her parents until after she told her friends. In May 2019, the police conducted a forensic interview with Victim L. Victim L.