People v. Jimenez CA4/1

Filed 1/29/15 P. v. Jimenez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066189

Plaintiff and Respondent,

v. (Super. Ct. No. SCS267225)

ARMANDO GALAVIZ JIMENEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Theodore

M. Weathers, Judge. Affirmed as modified with directions.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

Peter Quon, Jr. and Parag Agrawal, Deputy Attorneys General, for Plaintiff and

Respondent.

Between March and June 2013, Armando Galaviz Jimenez rented a room in the

apartment where minor Juan O. lived with his mother, Lorena C.1 Juan suffers from

autism. In September, Lorena reported to the police that Jimenez had sexually molested

Juan. Juan told the police that Jimenez touched his genitals and buttocks and performed

oral and anal sex on him on at least three separate occasions. Juan also said that Jimenez