People v. Delgado CA2/5

Filed 8/4/14 P. v. Delgado CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B253023

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA128828) v.

FELIX DELGADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Brian F. Gasdia, Judge. Affirmed. Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for plaintiff.

Appellant Felix Delgado was convicted, following a jury trial, of two counts of sexual intercourse with a child 10 years of age or younger in violation of Penal Code section 288.7, subdivision (a), three counts of forcible lewd acts upon a child under the age of 14 in violation of section 288, subdivision (b)(1), and one count of oral copulation with a child 10 years of age or younger in violation of section 288.7, subdivision (b). The victim for all six counts was appellant’s daughter Gabriela. The trial court sentenced appellant to a total term of 89 years to life in prison, consisting of indeterminate terms of 25 years to life for the sexual intercourse convictions, 15 years to life for the oral copulation conviction and the mid-term of 8 years for each of the forcible lewd acts convictions, all imposed consecutively.

Facts In February, 2013, appellant’s daughter Gabriela told her fifth grade teacher that someone was touching her. Sheriff’s deputies came to Gabriela’s school the day she reported the touching. Gabriela spoke with the deputies. Los Angeles County Sheriff’s Detective Maribel Rizo was assigned to investigate the case on February 14. That same day, she interviewed appellant at the jail facility in Lynwood. Appellant was advised of and waived his Miranda1 rights at the beginning of the interview, which was recorded. Appellant stated that things began in November, 2012, when Gabriela grabbed his penis, then took her clothes off. Appellant touched her with his penis. This occurred three or four times. Appellant also admitted that he touched Gabriela’s breasts when she took off her towel, on two or three occasions. He never put his penis in Gabriela’s vagina. Detective Rizo interviewed Gabriela later that same day, at her home, and again the next day at the district attorney’s office. Gabriela described six separate incidents of sexual contact with appellant, beginning around Halloween, 2012. Gabriela described two incidents of sexual intercourse with appellant, and one attempt at sexual intercourse