People v. Sanchez CA2/6

Filed 3/6/14 P. v. Sanchez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B246800 (Super. Ct. No. 2011022694) Plaintiff and Respondent, (Ventura County)

v.

JEHOVANY SANCHEZ,

Defendant and Appellant.

Jehovany Sanchez appeals an order of probation granted following his conviction of committing a lewd act upon a child, when the child was 15 years old and he was at least 10 years older. (Pen. Code, § 288, subd. (c)(1).)1 We modify the probation order to strike the condition of payment of probation supervision costs, deem there to be a separate order that Sanchez pay $138 monthly cost of his probation supervision, and otherwise affirm. FACTUAL AND PROCEDURAL HISTORY On March 13, 2011, 15-year-old Y. and her mother Laura C. were at Los Angeles International Airport awaiting a flight to Mexico. Sanchez, an airline employee, was working at the check-in desk near the flight boarding area. He summoned Y. to the check-in desk and upgraded her seat as well as her mother's seat to first class passage. Prior to boarding, Sanchez and Y. exchanged telephone numbers; Sanchez gave Y. a luggage tag stating his name and telephone number.

1 All further statutory references are to the Penal Code unless otherwise stated.

During Y.'s two-week visit to Mexico, she and Sanchez communicated by Facebook. Y. knew that Sanchez was 27 years old and she believed that he knew that she was a teenager in high school. Y. later informed her mother that she had advised Sanchez of her age. After returning home from Mexico, Y. asked Mrs. C. for permission to visit an amusement park with Sanchez. Mrs. C. denied permission, warning that Y. was "grounded." On March 31, 2011, Y. "cut" school and, by arrangement, met Sanchez in Fillmore. He drove Y. to a fast food restaurant, and then to a motel where he had registered. At the motel, they ate the restaurant fast food and then engaged in sexual activities for several hours. They also took photographs of themselves with Sanchez's cellular telephone. In a subsequent Facebook conversation, Sanchez wrote to Y., "[W]hen we make love it is--" On April 19, 2011, Sanchez and Y. returned to the same motel. They hugged, kissed, and watched a movie. Sanchez took photographs of the two of them with his cellular telephone and later emailed the photographs to Y. On May 4, 2011, Mrs. C. found the photographs of Sanchez and Y. on Y.'s computer. Mrs. C. and Y. argued, and Y. ran across the street to a park. Fearful for their daughter's safety, Mr. and Mrs. C. reported Y.'s absence to the police. Within several hours, Ventura County Sheriff's Deputy John Sanders found Y. She informed him that during the first motel visit, she and Sanchez had sexual intercourse and that he orally copulated her. Several days later, Y. also informed Ventura County Sheriff's Detective Alberto Miramontes that she had sexual intercourse with Sanchez. At trial, Y. denied that she and Sanchez engaged in sexual acts. She stated that she "made the sex thing up" because she was angry that Sanchez traveled to Las Vegas with a former girlfriend. At the direction of Miramontes, Mrs. C. and Y. made staged telephone calls to Sanchez. During the conversations, Sanchez neither admitted nor refuted Y.'s accusations of sexual conduct. At trial, the prosecutor played recordings of Y.'s telephone calls to Sanchez.