People v. Herrera CA2/8

Filed 9/30/25 P. v. Herrera CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B337905

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA466696) v.

JONATHAN ALEXANDER CHACON HERRERA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Sam Ohta, Judge. Affirmed with directions.

Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Jonathan Alexander Chacon Herrera was charged, by amended information, with 10 felonies, all of which were sex-based offenses involving a single minor victim (M.G.) that were alleged to have occurred between 2014 and 2018: lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (a); counts 1, 2, 5, 6, 9 & 10), and forcible lewd act upon a child under the age of 14 (§ 288, subd. (b)(1); counts 3, 4, 7 & 8). Two aggravating factors were also alleged as to all 10 counts: M.G. was a particularly vulnerable victim and defendant took advantage of a position of trust in committing the offenses against her. Before the start of the preliminary hearing, defendant rejected the People’s plea offer of 40 years. After numerous continuances due to the COVID-19 pandemic, defendant being quarantined for medical reasons, and defendant refusing to be transported to court, the case proceeded to a jury trial in September 2023. Defendant was represented by private counsel and was assisted by a certified Spanish language interpreter. Testimony was received from several witnesses, including the investigating detective, the victim’s mother, and M.G. M.G. testified she first met defendant when she was around seven years old and he began dating her mother. Defendant eventually moved in with them, and he seemed nice at first. M.G. testified that defendant then started to make inappropriate comments to her and started touching her inappropriately on her chest around the age of 10 or 11. Defendant progressed to touching her private parts, forcing oral sex on her and eventually raping her. The last rape occurred in December 2017. M.G. said defendant videotaped one rape and took pictures of her private parts. Defendant also