People v. Morales CA2/8

Filed 11/13/13 P. v. Morales CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B247913

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA 124649) v.

JORGE MORALES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael A. Cowell, Judge. Affirmed.

Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, and Susan Sullivan Pithey, Deputy Attorney General, for Plaintiff and Respondent.

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Defendant Jorge Morales appeals from a judgment convicting him of four counts of lewd acts upon a child, in violation of Penal Code section 288, subdivision (a), and one count of child molestation, in violation of Penal Code section 647.6, subdivision (a)(1).1 Defendant contends the trial court erred in sentencing him to two consecutive terms of 15 years to life under the “one strike” law based on charges involving the same victim. We disagree, and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND The offenses charged in this matter occurred at various times between July 2005 and May 2012. The two victims, K. and J., are cousins who live in the same apartment building. Defendant, who is the father of K.’s half-brother, regularly visited the family home. 1. K. -- Counts 2, 5, 6, and 7 K. was 13 years old when she testified at trial. Defendant’s first inappropriate contact with K. occurred when she was about six or seven years old. K. was playing a game of hide and seek with J. Defendant joined the game and looked for K. K. hid in a bedroom closet. Defendant came into the closet, kneeled over her and touched her vagina with his hand over her jeans. The second inappropriate contact occurred when K. was in the fifth grade. K. was in the living room doing homework and watching television. Defendant approached K. and touched her vagina over her clothes with his hand. At the time, K.’s mother was in the shower and her younger brother was asleep on the couch. The third inappropriate contact occurred when K. was in the sixth grade. This time, K. was asleep on the couch. She awoke to defendant’s hand touching her vagina over her clothes. K.’s mother was taking out the trash at the time of the incident. While K. was in the sixth grade, defendant masturbated in her presence. According to K., defendant unzipped his pants, pulled out his penis and masturbated in