People v. Rosas CA2/3

Filed 1/27/14 P. v. Rosas CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B241854 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA091280) v. JOSE ROSAS, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tia Fisher, 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, Steven D. Matthews and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.

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Jose Rosas (appellant) appeals the judgment following a jury trial in which he was found guilty of committing five counts of a lewd or lascivious act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a); counts 1, 3, 5, 7 & 8),1 sexual intercourse by a person over 18 years of age with a child who is 10 years of age or younger (§ 288.7, subd. (a); count 2), a forcible lewd or lascivious act upon a child under the age of 14 years (Pen. Code, § 288, subd. (b)(1); count 4), and continuous sexual abuse of a child under the age of 14 (§ 288.5, subd. (a); count 6).2 The trial court sentenced appellant to an aggregate determinate term of 30 years, as follows: for count 6, a determinate term of 16 years; for count 4 a consecutive determinate term of eight years; and for counts 1, 7 and 8 consecutive determinate terms of two years each (one-third the middle term of six years). It then imposed, for count 2, a fully consecutive term of 25 years to life. The terms for counts 3 and 5 were imposed concurrently. The total term in state prison was 55 years to life.

1 All further references are to the Penal Code unless otherwise indicated. 2 Count 1, a lewd act upon a child under the age of 14, was alleged to have occurred on or between September 19, 2004, and September 18, 2006. Count 2, sexual intercourse by a person over 18 years of age with a child 10 years or younger, was alleged to have occurred on or between September 20, 2006, and September 18, 2007. Count 3, a lewd act upon a child under the age of 14, was alleged to have occurred between September 20, 2006, and September 18, 2007. Count 4, a forcible lewd act upon a child under the age of 14, was alleged to have occurred on or between September 19, 2007, and December 29, 2009. Count 5, lewd act upon a child under the age of 14, was alleged to have occurred on or between September 19, 2007, and December 31, 2009. Count 6, continuous sexual abuse, was alleged to have occurred between January 1, 2010, and July 13, 2010. Counts 7 and 8, committing a lewd act upon a child under 14 years of age, were alleged to have occurred on or about July 14, 2010.