People v. Gonzalez CA4/3

Filed 10/27/25 P. v. Gonzalez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063896

v. (Super. Ct. No. 22NF0842)

LUIS ARTURO GONZALEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Michael J. Cassidy, Judge. Affirmed as modified. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Melissa Mandel and Stephanie H. Chow, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Luis Arturo Gonzalez was convicted of multiple sex offenses. On appeal, he contends the trial court gave two unconstitutional jury instructions and miscalculated his presentence credits. As respondent concedes, Gonzalez’s credits claim has merit. We will therefore modify his presentence credit award. In all other respects, we affirm. STATEMENT OF FACTS A detailed recitation of facts is unnecessary to resolve Gonzalez’s claims. The prosecution presented evidence Gonzalez raped J.P. when she was 17 years old, sexually assaulted and raped C.I., and lewdly touched his girlfriend’s 13-year-old daughter, S.A. Gonzalez testified he did not have sexual intercourse with J.P., his sexual conduct with C.I. was consensual, and he never touched S.A. in a sexually inappropriate manner. The jury convicted Gonzalez of three counts of forcible rape (Pen. Code, § 261, subd. (a)(2)), two counts of lewd conduct with a minor under the age of 14 (id., § 288, subd. (a)), and one count of forcible sexual penetration with a foreign object (id., § 289, subd. (a)(1)). It also found true allegations J.P. was a minor aged 14 years or older (id., § 264, subd. (c)(2)), and Gonzalez committed sexual offenses against multiple victims (id., 667.61, subds. (b), (e)(4)). The trial court sentenced him to prison for 45 years to life, plus six years.