People v. Arevalo CA2/6

Filed 9/25/14 P. v. Arevalo 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B252118 (Super. Ct. No. 2011003409) Plaintiff and Respondent, (Ventura County)

v.

CANDELARIO SANCHEZ AREVALO,

Defendant and Appellant.

An information charged Candelario Sanchez Arevalo with (count 1) aggravated sexual assault of a child involving sexual penetration (Pen. Code, § 269, subd. (a)(5)), (counts 2 and 3) lewd acts on a child (§ 288, subd. (a)), (count 4) unlawful act with a child 10 years old and under (§ 288.7, subd. (b)), and (count 5) aggravated sexual assault of a child involving oral copulation (§ 269, subd. (a)(4)). The information also charged as to counts 2 and 3 that Arevalo had substantial sexual contact with a child under 14 years of age (§ 1203.066, subd. (a)(8)) and as to count 5 that Arevalo kidnapped the victim substantially increasing the risk of harm (§ 667.61, subds. (a) & (d)(2)).1

1 All statutory references are to the Penal Code.

The jury was unable to reach a verdict on count 1, on the section 1203.066 allegation as to count 2, and on the section 667.61 allegation as to count 5. The jury found Arevalo guilty on all other counts and found true all other allegations. On appeal, Arevalo contends the prosecution committed misconduct. We affirm. FACTS Anahi G. was 12 years old at the time of trial. WhenA. was in the fifth grade and 10 years old, she attended a school assembly where a video about "how people are not supposed to touch you in wrong ways" was shown. After she saw the video, she gave a note to her teacher saying that it had happened to her. A. told the teacher she had been touched by Arevalo, her uncle. Anahi testified Arevalo touched her on three separate occasions. The first occasion was when she was six years old. Arevalo picked her up and took her into his bedroom. He placed her face down on the bed, kneeled on her knees and held her hands behind her back. Arevalo put his finger between her "butt cheeks." When Arevalo removed his finger, he toldA. not to tell anyone. On the second occasion,A. was watching television when Arevalo came into the room and put his hand down her pants. He moved his finger over her vagina on top of her underwear. He did not touch her skin. On the third occasion,A. was playing with her cousins in the house. Arevalo picked her up and carried her outside into the back yard. He took off her clothes and licked her vagina. She tried to push his head away but he was too strong. He left her in the backyard partially undressed. The police arranged forA.'s mother to call Arevalo. The call was recorded. During the call, Arevalo admitted he touchedA.'s vagina and buttocks. WhenA.'s mother asked Arevalo why he did it, he replied, "Well I don't know. I guess I just thought it would be easy."