People v. Vang CA5

Filed 10/29/15 P. v. Vang 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069322 Plaintiff and Respondent, (Super. Ct. No. F11906520) v.

LUCKY VANG, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Amanda D. Cary and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION Appellant Lucky Vang was convicted of rape of a child under the age of 14 years, two counts of committing a lewd act on a child, and two counts of continuous sexual abuse of a child. In addition, it was found true that the multiple victim circumstances in Penal Code section 667.61, subdivision (e)(4) applied. He contends defense counsel rendered ineffective assistance of counsel by failing to exercise due diligence to exclude evidence of uncharged sexual acts committed by Vang when Vang was under 14 years of age. We conclude Vang was not prejudiced by the admission of the evidence and we affirm. FACTUAL AND PROCEDURAL SUMMARY On November 11, 2011, J.V. and her sister, K.V., ran away from home, where they lived with their parents, their brother Vang, and numerous other brothers and sisters. J.V. was 11 years old at the time; K.V. was 9 years old. Vang was 18 years old. While the girls were missing, investigators obtained information from their siblings about sexual abuse of the girls. Before running away, J.V. told one of her older sisters, N.V., that Vang touched her in the shower. J.V. also told another sister, M.V., that Vang was having sexual intercourse with her. Three weeks before running away, J.V. told yet another sister, C.V., that Vang was “fucking” her in the shower and that this had been happening for a while. C.V. took this to mean rape or forced sex. On November 12, 2011, the girls were found approximately two miles from their residence. The girls were returned to their home, where Detective Thaoseng Xiong of the Fresno Police Department interviewed J.V.; the interview was recorded. J.V. told Xiong she ran away because Vang was raping her, which to J.V. meant “putting his penis inside my pussy.” Vang last had sexual intercourse with her a few days before she ran away. J.V. stated when she was in preschool, Vang began putting his hands inside her