People v. Ramosmaldonado CA3

Filed 11/24/25 P. v. Ramosmaldonado CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE,

Plaintiff and Respondent, C102130

v. (Super. Ct. No. 24F2659)

JESUS RAMOSMALDONADO,

Defendant and Appellant.

Defendant Jesus Ramosmaldonado pleaded guilty to committing a lewd act on a child and felony false imprisonment. The trial court sentenced him to two years eight months in prison. Defendant now contends the trial court abused its discretion in denying his request for probation. Finding no abuse of discretion, we will affirm the judgment. BACKGROUND A 16-year-old female informed law enforcement that while she was working at a restaurant, her boss, defendant, “had been grabbing her from behind, touching her waist, her buttocks, kissing her neck, and grabbing her breasts for a two-month period between June 2023 and July 2023.” She said that on August 8, 2023, he placed “his left hand on

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her right breast while simultaneously placing his right hand on her stomach and rubbing under her pants along the waistband of her pants.” She told law enforcement that “every time [defendant] touched her, she could feel that he had an erect penis.” After the victim spoke to police, she made a pretext call to defendant, during which he admitted touching her and knowing that she was between 15 and 16 years old at the time and that she was scared. He repeatedly apologized for his actions during the call. Defendant later agreed to speak with police. Among other things, defendant said the victim had been coming to work in clothes that were too revealing. He hugged her from behind and touched and grabbed her breast, but she did not do anything in response and could have left. He denied being aroused. Pursuant to the parties’ agreement, defendant pleaded guilty to two counts of committing a lewd act on a child (Pen. Code,1 § 288, subd. (c)(1)) -- counts 1 and 2) and one count of felony false imprisonment (§ 236 -- count 11). After the plea, the probation department interviewed defendant. As recounted by the probation report, defendant denied touching the victim’s breasts and other allegations such as touching her beneath her clothing. He admitted to hugging the victim on three or four occasions, including kissing her on her clothed shoulder, but denied any sexual intent, and explained that one of the incidents was an attempt to redirect her focus toward work when she was on her phone. He said he did not realize there was a problem until he was contacted by law enforcement. The probation report also addressed defendant’s risk of reoffending. According to one risk assessment, defendant had a below-average risk of reoffending within five years after being released on probation. The probation report determined that defendant was presumptively ineligible for probation under section 1203 subdivision (e)(4), but