People v. Sanchez CA2/6

Filed 1/21/16 P. v. Sanchez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B259082 (Super. Ct. No. 2012018177) Plaintiff and Respondent, (Ventura County)

v.

ANDRE WIL SANCHEZ,

Defendant and Appellant.

Andre Wil Sanchez appeals a judgment following conviction of four counts of commission of a lewd act upon a child, and two counts of commission of aggravated sexual assault upon a child, with findings that Sanchez engaged in substantial sexual conduct with victims under the ages of 11 or 14 years; he committed sexual offenses against multiple victims; and the prosecution was permissible despite the expiration of the statute of limitations. (Pen. Code, §§ 288, subd. (a), 269, subd. (a)(3), (5), 1203.066, subd. (a)(8), 667.61, subds. (b) & (e)(4), 803, subd. (f).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY Sanchez is the uncle of A., An., and V., all siblings in the B. family. During the time of the commission of the charged sexual offenses, Sanchez lived with or visited the children.

1 All statutory references are to the Penal Code unless otherwise stated.

Sexual Offenses Committed Against A. B. (Counts 2, 3, & 4.) A. was 15 years old at the time of trial. He testified that Sanchez had sodomized him on more than one occasion but he did not recall the details of every instance. He recalled two specific incidents. When he was five years old, he lived with his family. including Sanchez, at a Ventura motel. One day he was alone with his younger brother and Sanchez. Sanchez threw him on the bed, rubbed his buttocks, and then sodomized him. When A. was eight years old, he lived in Port Hueneme. During one evening, Sanchez entered A.'s bedroom, pulled him from the top bunk bed, placed him on the lower bed, rubbed his buttocks, and then sodomized him. A.'s grandmother (Sanchez's mother) entered the bedroom and asked what was happening. Sanchez had replaced A.'s clothing by then and replied that he was saying goodnight to A. His grandmother then asked A. what had occurred; he replied, "Nothing." For many years, A. did not report the sexual abuse to anyone. He stated that he was "scared that nobody would believe [him]." When A. was 10 or 11 years old, he reluctantly informed his mother of the sexual abuse in response to her questions. Later, V. and a family friend asked A. to explain burns and cuts on his body. They inquired if he mutilated himself due to Sanchez's sexual abuse. A. cried and confirmed that the sexual abuse was the reason for his self-inflicted wounds. Sexual Offense Against An. B. (Count 1.) An. was 14 years old at the time of trial. He testified that when he was between five and seven years old, he lived with his family, including Sanchez, in an apartment complex in Oxnard. One evening, Sanchez entered the bedroom and removed An.'s pants. Sanchez then placed his penis against An.'s anus. After a while, Sanchez stopped and replaced An.'s pants. Several years later, An. reported the abuse to his grandmother and, later, his mother. At trial, An. insisted that the sexual assault occurred and was not a dream.