People v. Cisneros CA5

Filed 10/7/15 P. v. Cisneros CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068718 Plaintiff and Respondent, (Super. Ct. No. MCR044559) v.

RAMON CISNEROS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Ernest J. LiCalsi, Judge. Gideon Margolis, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P. J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant Ramon Cisneros was convicted of multiple offenses, including lewd and lascivious acts and attempted digital penetration, against two child victims. Cisneros contends his convictions must be reversed because the trial court allowed evidence of an uncharged sexual offense to be admitted pursuant to Evidence Code section 1108.1 We disagree with Cisneros’s contention and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY An amended information charged Cisneros in count 1 with committing a lewd and lascivious act on Jane Doe 1, a child under the age of 14 years, in 2006; counts 2 and 3 charged Cisneros with committing a lewd and lascivious act on Jane Doe 1 by use of force, violence, or duress between November 2009 and November 2010; count 4 charged that between September 2007 and September 2008 Cisneros digitally penetrated Jane Doe 2, a child aged 10 or under, when he was over 18 years; and count 5 charged Cisneros with committing a lewd and lascivious act on Jane Doe 2, a child under the age of 14 years, between September 2007 and September 2008. It was further alleged as to counts 1, 2, 3, and 5 that Cisneros was convicted in the present case of committing an offense specified in Penal Code section 667.61, subdivision (c) against more than one victim. On May 28, 2013, a jury trial commenced. O. H. testified that she is part of a large family; she has two sisters and one brother. Her youngest sister is married to Cisneros. Members of the extended family often gathered together for birthdays, holidays, and to enjoy barbeques together. Her brother is the father of Jane Doe 1; her oldest sister is the mother of Jane Doe 3; and O. is the mother of Jane Doe 2.