People v. Aguirre CA2/2

Filed 3/6/26 P. v. Aguirre CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B342387

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA513474)

VICTOR ERNESTO AGUIRRE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Dabney, Judge. Affirmed. Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland and Susan Sullivan Pithey, Assistant Attorneys General, Steven D. Matthews and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury found Victor Aguirre (appellant) guilty on four counts of lewd acts on a minor (Pen. Code1, § 288, subd. (a)). On appeal, he argues that there is insufficient evidence to support any of the counts, and that the trial court erred in denying him probation. We disagree and affirm. FACTS AND PROCEDURAL BACKGROUND 1. Facts Between the ages of five and 14, Z.O. and her siblings regularly stayed with their grandmother in Los Angeles. The grandmother’s home is on a lot with another house in the back and a separate garage on the side. Appellant lived in the back house with his wife, and was “like an uncle” to Z.O. When Z.O. was six or seven, she sat on a couch next to appellant to teach him English. Appellant placed his hand on her lap “moving [it] back and forth like up and down in circles.” She felt uncomfortable and moved away. When Z.O. was around the same age, she and her younger brother followed appellant into the garage. Z.O. played with balls on the pool table across from her brother, before he eventually left the garage. Appellant walked up behind Z.O., “unbuckle[d] his belt,” “put[] his pants down,” “lower[ed]” her pants, and placed “his private part on [her] rear.” He also grabbed her hand and placed it on his penis. Z.O. told her older sister that she had felt something touch her in the garage, and her sister told her not to tell their grandmother. On another occasion, when Z.O. “was about 10 or 11,” she sat at her grandmother’s kitchen table next to appellant to have dinner. Z.O.’s grandmother was in the kitchen preparing the