People v. Oliveras CA4/3

Filed 6/16/15 P. v. Oliveras CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049942

v. (Super. Ct. No. 12NF2171)

GALDINO ADOLFO OLIVERAS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lance Jensen, Judge. Affirmed with directions. Sharon M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson, Lynne G. McGinnis and Kristine A. Gutierrez, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury convicted defendant Galdino Adolfo Oliveras (born in November 1973) of aggravated sexual assault on a child under age 14 and at least 10 years younger (former Pen. Code, § 269, subd. (a)(4) [version in effect until Sept. 19, 2006]; all statutory citations are to the Penal Code), three counts of lewd acts on a child under age 14 (§ 288, subd. (a)), and forcible oral copulation (§ 288a, subd. (c)(2)). Oliveras contends his prison sentence of 35 years to life is cruel and unusual punishment. For the reasons expressed below, we affirm with directions.

I FACTUAL AND PROCEDURAL BACKGROUND Guadalupe L. (born in 1992) testified she lived with her grandparents in Mexico until the age of 10, when she moved to Orange County with her mother, stepfather (defendant Olivares), and a younger half brother. Their apartment had two bedrooms. Guadalupe’s family slept in one bedroom, while other renters occupied the adjacent bedroom. Olivares first touched Guadalupe sexually when she was approximately 12 years old. Her mother and brother were away for the day. Olivares chased her around the house, where he ultimately grabbed and kissed her. He touched and massaged her breasts and buttocks over her clothing. The incident lasted about 20 to 30 minutes until her mother came home, and Olivares ran into the bathroom. On subsequent occasions Olivares would “every now and then pass” Guadalupe and discretely touch her buttocks over her pants. He would sometimes hold her against the wall inside the bedroom, lift her shirt up, touch and massage her breasts under her bra, and kiss her. She would try to fight him off. He warned her not to tell anyone, and that no one would believe her. Around the time Guadalupe turned 13 years old, Olivares on numerous occasions sucked her breasts, often leaving marks or “hickeys.” During this period he