People v. Marquez CA3

Filed 10/28/14 P. v. Marquez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C073809

Plaintiff and Respondent, (Super. Ct. No. CRF12358)

v.

JULIAN BERNARDO MARQUEZ,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND Defendant Julian Bernardo Marquez molested E.L., his step-granddaughter, when she was five or six years of age. At that time, E.L. spent the night with her grandparents about once a week and slept either on the couch or in the spare room. The first time

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defendant molested E.L., she had fallen asleep with her grandmother in her grandparents’ bedroom. E.L. was awakened by defendant who was touching her vagina with his fingers. She said nothing and her grandmother remained asleep. On another occasion, E.L. fell asleep on the floor in her grandparents’ bedroom and was awakened by defendant who was touching her vagina with his hands and fingers. On a separate occasion, E.L. fell asleep on the bed in the spare room and was awakened by defendant touching her vagina with his hands and fingers. E.L. said defendant had touched her with his fingers on her vagina about once a month when she was in kindergarten but she could not recall the details of these other incidents. E.L. recalled one other incident when she was six years old. Defendant awakened her and when he tried to put his hands down her pants, E.L. moved away from him and he was unable to molest her. He never touched her again. E.L. did not tell anyone about these incidents. After the first incident, she was afraid and thought no one would believe her. In the eighth grade, she told some of her friends and they convinced her to tell her mother. E.L. did so by writing a letter to her mother. When interviewed by the police after he was arrested, defendant admitted that when E.L. was very young, she often slept with him and his spouse in their bed. Initially, defendant denied any improper touching of E.L. but eventually admitted he had touched her with his hand under her underwear more than 10 times. Defendant’s sisters, 57-year-old J.L. and 55-year-old L.S., and his daughter, 42- year-old T.M., testified that when they were around seven years of age, defendant molested them. With J.L., defendant’s conduct progressed to sexual intercourse when she was just eight years of age and ended when she was 14 years of age and five months pregnant. Defendant’s third incident of sexual conduct with L.S. was interrupted by J.L. and after that, there were no additional incidents. With T.M., defendant had her touch him when she was three or four years of age. He attempted sexual intercourse with her