People v. Gonzalez CA4/3

Filed 5/28/14 P. v. Gonzalez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048388

v. (Super. Ct. No. 10CF1295)

DANIEL PEREZ GONZALEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, W. Michael Hayes, Judge. Affirmed. Wallin & Klarich and Stephen D. Klarich for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Lynne G. McGinnis and Eric A. Swenson, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant Daniel Perez Gonzalez of forcible rape (Pen. 1 Code § 261, subd. (a)(2); count 1), forcible sodomy (§ 286, subd. (c)(2); count 2), forcible oral copulation (§ 288a, subd. (c)(2); count 3), forcible penetration with a foreign object (§ 289, subd. (a)(1); count 4), second degree robbery (§§ 211 and 212.5, subd. (c); count 5), and simple kidnapping (§ 207, subd. (a); count 6). The jury found that in the commission of counts 1, 2, 3, and 4, under circumstances in which he had kidnapped the victim (§ 667.61, subd. (e)(1)), defendant personally used a dangerous and deadly weapon (§ 667.61, subd. (e)(3)). In a bifurcated proceeding, the trial court found that defendant had four previous qualifying convictions under section 667.5, subdivision (b). The court sentenced defendant to 57 years to life in state prison. On appeal, defendant contends the court improperly admitted expert testimony without foundation and in violation of defendant’s confrontation clause rights. We affirm.