People v. Carrillo CA4/3

Filed 1/6/26 P. v. Carrillo 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G064825

v. (Super. Ct. No. FWV18004430)

MIGUEL CARRILLO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of San Bernardino County, Daniel W. Detienne, Judge. Dismissed. Allen G. Weinberg, 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, Christopher P. Beesley and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.

* * *

Defendant Miguel Carrillo appeals following his conviction on two counts of sexual offenses with minors. The only issue in this appeal is whether the trial court properly ordered HIV testing. Carrillo contends the test should not have been ordered because there was no probable cause for the test. That test, however, has long since been conducted. While Carrillo concedes the issue is moot as to him, he argues it is capable of repetition yet evades review. We decline to exercise our discretion to consider this moot appeal because it would require this court to resolve questions of fact that were never litigated in the trial court. Accordingly, we dismiss the appeal. STATEMENT OF FACTS AND PROCEDURAL HISTORY As we discussed in our first opinion in this matter: “Angela Doe is appellant’s stepdaughter. From the age of eight to fourteen, appellant touched her breasts, buttocks and vagina on multiple occasions. Appellant molested Angela’s younger sister Claudia in a similar fashion. And, from time to time, he also . . . touched and orally copulated the vagina of another young girl, Jane Doe, who was staying at his house.” (People v. Carrillo (Nov. 17, 2023, G062725) [nonpub. opn.].) Carrillo was convicted of subjecting Jane to continuous sexual abuse and committing seven lewd acts against Angela and Claudia. (Pen. Code, §§ 288.5, subd. (a), 288, subd. (a).)1 The jury also found Carrillo molested multiple victims for purposes of the one strike law. (§ 667.61, subds. (b), (e)(4).) He was sentenced to 30 years to life in prison. Among other things, the court also ordered Carrillo to submit to HIV testing. (§ 1202.1.)