People v. Guzman CA2/8

Filed 3/7/14 P. v. Guzman CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B244562

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA 121015) v.

JAIME GUZMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John Torribio, Judge. Affirmed.

Judith Kahn, 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, Linda C. Johnson and Michael Katz, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Jaime Guzman challenges his five convictions for sexual penetration of a child under 10. We affirm. FACTS AND PROCEDURE B.M. testified that in July 2011, when she was eight years old, Mario Ortega babysat her and took her to defendant’s apartment and defendant’s girlfriend’s house. B.M. saw defendant five days in a row. On Monday, defendant put his finger inside B.M.’s vagina, and it hurt her. Defendant also put his finger in her anus and asked her to lie down with him. On Tuesday, defendant put his finger in B.M.’s vagina, hurting her. B.M. was upset and angry afterwards. On Wednesday, defendant put his finger in B.M.’s vagina, again hurting her. B.M. had told Ortega she didn’t want to go to defendant’s apartment, but he took her there anyway. B.M. also told her mother that she did not want to go to defendant’s apartment. On Thursday defendant put his finger in B.M.’s vagina and touched her breasts. B.M. was upset, but Ortega did not notice her anger. On Friday, defendant and B.M. went to defendant’s girlfriend’s home. B.M. was playing with dolls and watching a movie on television when defendant pulled down B.M.’s pajamas and put his finger inside her vagina. Defendant also kissed her buttocks and bit her on the left side of her buttocks. B.M. worried that she needed to be hospitalized for the pain she felt when defendant penetrated her vagina. B.M. was upset and angry when defendant touched her. Defendant told B.M. not to tell anyone about his conduct. In a tape-recorded interview, defendant admitted rubbing B.M.’s vagina. He admitted putting his hand inside her. He said it happened two times. At trial, defendant denied touching B.M. or placing his finger in her vagina or anus. He testified that he lied during his pretrial interview because he was cold, tired, and afraid. Also according to defendant, prior to the interview, he had been interviewed by another officer who was verbally aggressive.