People v. Ponce CA3

Filed 1/23/26 P. v. Ponce CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C101462

v. (Super. Ct. No. 14F05881)

VICTOR PONCE,

Defendant and Appellant.

Defendant Victor Ponce sexually abused his minor daughter, M.D., on multiple occasions. A jury found him guilty of 15 sexual offenses, including two counts of exhibiting harmful matter to a minor for purposes of seduction and sexual gratification, and the trial court sentenced him to 93 years eight months in prison. Defendant now contends there is insufficient evidence to support his two convictions for exhibiting harmful matter to a minor. Finding no merit in his contention, we will affirm the judgment.

1

BACKGROUND M.D., who was 19 years old at the time of trial, testified that when she was eight years old defendant took her to a secluded fishing spot. After fishing, defendant told her to watch a pornographic video on his phone while he packed up. M.D. described the video as “a woman, a guy, and they were both without clothes, and they were touching each other in the private parts, as well as they were basically having sexual moments.” She explained she saw a penis and a vagina, and by “sexual moments,” she meant the man and woman were having sex because “the penis was getting in the vagina from the lady.” M.D. did not understand why her father asked her to watch the video. At the time, he did not ask her any questions about the video or offer any explanation. She estimated she spent 10 minutes watching the video before defendant got in the truck, took the phone from her without saying anything, and drove them home. On the way home, defendant warned her they would get in trouble if she told her mother about the video. A few months after the fishing trip, defendant played M.D. another video on his phone while they were at home. M.D. testified that the video showed adult women dressed as princesses fondling each other’s vaginas. Defendant sat next to her as she watched the video, and again told M.D. to not tell her mother about the video because they would get in trouble. Later, defendant showed M.D. a third pornographic video and told her that the “videos were used for when adults wanted to have sex, and they could get excited to do those positions or what they were doing in the video.” M.D. said the video showed two adults having sex. She watched the video for about five minutes before defendant took his phone away and told her not to tell her mother so they would not get in trouble. After showing M.D. the videos, defendant sexually assaulted her on multiple occasions while he was alone with her. During one incident, defendant tried to insert his penis into M.D.’s vagina while she was on her hands and knees. On another occasion, defendant promised to buy M.D. a television if she would lick his penis. After doing so