People v. Herrera CA2/5

Filed 10/16/25 P. v. Herrera CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B338772

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. MA085365)

YOVANNY DOMINGUEZ- HERRERA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert G. Chu, Judge. Affirmed. Mark Alan Hart, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Jason Tran and Megan Moine, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

A jury found defendant Yovanny Dominguez-Herrera guilty of committing a lewd act upon his 14 year-old daughter. (Pen. Code1, § 288, subd. (c)(1).) On appeal, defendant contends the evidence was insufficient to prove he acted with specific intent because he was undisputedly intoxicated at the time of the offending conduct. We affirm.

II. BACKGROUND

On the evening of October 29, 2022, defendant committed a lewd act upon his then 14 year-old daughter, H.L., who was visiting him and his family2 for the weekend. During the investigation that followed, defendant’s daughter J.D. disclosed that defendant had engaged in the same type of lewd conduct with her a couple of years prior. The Los Angeles County District Attorney filed criminal charges against defendant for the sexual abuse of each girl. The charges before the jury at the May 2024 trial were: count 1, commission of a lewd act upon H.L., a child of 14 or 15 years, in violation of section 288, subdivision (c)(1); and count 2, commission of a lewd act upon J.D., a child under the age of 14, in violation of section 288, subdivision (a).