People v. Arancibia CA2/1

Filed 8/28/15 P. v. Arancibia CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B256899

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA376549) v.

JORGE ARANCIBIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Stephen A. Marcus, Judge. Affirmed. ______ David H. Goodwin, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Yun K. Lee and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent. ______

Jorge Arancibia appeals from the judgment entered after a jury convicted him of multiple sexual offenses against three girls. Arancibia contends that CALCRIM Nos. 1110, 1111, 1112 and 1120, which the trial court used to instruct the jury on four of the charged offenses, are constitutionally infirm. We disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND An information, dated April 13, 2011, charged Arancibia with 12 counts related to his sexual conduct with three girls: five counts of committing a lewd or lascivious act on a child under 14 years (Pen. Code, § 288, subd. (a)1 (counts 1, 3, 4, 5 and 7)); one count of continuous sexual abuse of a child under 14 years (§ 288.5, subd. (a) (count 2)); one count of committing by force a lewd or lascivious act on a child under 14 years (§ 288, subd. (b)(1) (count 6)); four counts of committing a lewd or lascivious act on a child of 14 or 15 years (§ 288, subd. (c)(1) (counts 8, 9, 10, and 12)); and one count of sexual penetration by a foreign object with a person under 16 years (§ 289, subd. (i) (count 11)). As to counts 1 to 7, the information specially alleged that Arancibia had committed a specified offense against more than one victim (§ 667.61, subds. (b), (c) & (e)(4)). According to the evidence at trial, all three victims were congregants of the small church of which Arancibia was the pastor. The victim in counts 1, 2 and 3, who was under 14 years at the time of the charged offenses, testified that, when alone with Arancibia, on multiple occasions he had kissed her and used his tongue while holding her waist or rubbing his hand on her waist under her shirt, telling her “probably more than 20 or 30” times that he would not do it again. Arancibia also played the “tickle game” with her, got on top of her with his clothes on and rubbed his hard penis on her stomach, waist or private part. The victim in counts 4, 5, 6 and 7, who also was under 14 years at the time of the charged offenses, testified that Arancibia had kissed her with his tongue while touching her waist under her clothes. He played tickle with her, got on top of her and rubbed his private part against her private part while kissing her neck and belly button under her clothes. Once, while on a camping trip and swimming in a lake, Arancibia