People v. Moreno CA2/1

Filed 9/16/14 P. v. Moreno CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B255291

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA093392) v.

VALENTIN VILLEGAS MORENO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Affirmed. Valentin Villegas Moreno, in pro. per.; and Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

In March 2013, Valentin Moreno was charged with one count of forcible lewd act upon a child in violation of Penal Code section 288, subdivision (b)(1). Moreno pleaded not guilty. At trial, R.B. testified that on September 1, 2012, she lived with her eleven- year-old son C.D. and the younger son in a one-bedroom apartment. R.B. and the younger son slept in a bed, and C.D. slept on the floor next to the bed. In August 2012, Moreno, a family friend, asked her if he could stay in the apartment because he was homeless. He wanted to sleep in her living room, but she thought that would be inappropriate. Instead, she allowed Moreno to stay in the detached garage and sleep in her van, and let him use the bathroom and cook inside the apartment, but only when she was at home. On the evening of September 1, she was in the apartment with the two boys and Moreno, who was drinking beer and watching television. C.D. and the younger son had both gone to bed when her neighbor called and asked her to help her put on makeup. The younger son woke up and went with her to the neighbor’s apartment, with C.D. still asleep on the bedroom floor and Moreno in the living room. Eight minutes later, she came back to the apartment, leaving the younger son at her friends’ apartment. The door to the bedroom was closed and the lights were off. When she entered the bedroom and turned on the bathroom light, she saw Moreno kneeling with C.D.’s opened legs at his waist, holding his wrists; C.D. was trying to break loose and looked frightened. She asked what happened, and Moreno, who was wearing jeans and a shirt, got up and said he was wrestling with C.D. C.D. did not respond. Moreno said he was going to bed, walked into the living room, and left five minutes later. C.D. went back to sleep. The next morning, R.B.’s sister took C.D. to church. R.B. thought C.D. would tell his aunt the truth. As he was getting dressed, R.B. asked C.D. what happened, and he told her that he could not lie and that Moreno had tried to rape him. After C.D.’s aunt brought him home, R.B. had C.D. call the police. The officer who responded testified that C.D. was crying and shaking, and then told him what happened. C.D. testified that he was wearing boxer shorts because it was hot, and he was half asleep when he heard Moreno come in and use the bathroom. Moreno turned off the