People v. Lebaron CA1/5

Filed 9/15/25 P. v. Lebaron CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A170707 v. GABRIEL LEBARON, (Solano County Defendant and Appellant. Super. Ct. No. FCR353363)

Defendant was charged with human trafficking to commit another crime (Pen. Code, § 236.1, subd. (b); count 1);1 trafficking a minor for a commercial sex act (§ 236.1, subd. (c)(1); count 2); dissuading a witness from prosecuting a crime (§ 136.1, subd. (b)(2); count 3); and child stealing (§ 278; count 4). He was convicted of dissuasion (§ 136.1, subd. (b)(2); count 3) and child stealing (§ 278; count 4). He was acquitted on the human trafficking counts (§§ 236.1, subds. (b), (c)(1); counts 1–2). Defendant argues that because he was acquitted on the human trafficking counts, there was insufficient evidence to support his conviction on the dissuasion count. We affirm.

1 All statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND I. Trial Testimony J.V. is defendant’s daughter. In 2019, when J.V. was 16 and then 17 years old, she lived with defendant and her brother in Vacaville. In early 2019, J.V. began using a social media application to offer a nude photo or video of herself in exchange for $10 or $20. After a person sent her the money, she blocked the person from her social media and did not send any nude photos or videos. In addition, J.V. worked at a fast-food restaurant. Defendant took “a lot” of the money she earned from her fast-food job and used it to pay for rent and food. In June 2019, defendant found J.V.’s phone and learned of the money transfers. Defendant asked J.V. to explain what she was doing and how much money she made. She explained, and defendant told her she could continue with the scam. After J.V.’s conversation with defendant, she began actually sending out nude photos in exchange for money. J.V. felt that defendant was “exploiting” her for money because he would threaten to shave her head or her eyebrows if she did not have money to give him. Defendant never directly told J.V. to take nude photos, but he made her feel that she had to do so. On September 30, 2019, when J.V. was 17 years old, she ran away from home. On October 4, 2019, the police contacted J.V. at her high school’s football game. The police asked J.V. why she ran away, and she told them about defendant’s having her sell sexually explicit photos through social media. She was placed in a foster care home that evening. Defendant was notified that J.V. was in the custody of Solano County Child Welfare Services (CWS).