People v. Martinez CA2/2

Filed 4/21/16 P. v. Martinez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B264922

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA421698) v.

DANNY ALBERT MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Drew E. Edwards, Judge. Affirmed.

Vanessa Place, 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, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, and Stacy S. Schwartz, Deputy Attorney General, for Plaintiff and Respondent.

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Danny Albert Martinez (defendant) stands convicted of seven counts of 1 committing lewd acts upon a child (Pen. Code, § 288, subd. (a)), five upon one child and two upon a different child. Because defendant was convicted of “committing a [designated sex] offense . . . against more than one victim,” the trial court applied our state’s “One Strike” law (§ 667.61) and imposed a sentence of 15 years to life on each of the seven counts. On appeal from the resulting 110-year prison sentence, defendant argues that the trial court was limited to imposing just two 15-year-to-life sentences, one for each different victim. This argument has been rejected by every court to have considered it. We agree with these other decisions, and affirm. FACTS AND PROCEDURAL BACKGROUND Between 1997 and 2007, defendant lived with his minor stepdaughter, Crystal. During that time, defendant repeatedly engaged in sexual conduct with her: When she was four years old, defendant on one occasion placed her on his groin and rubbed his penis against her vagina and on another occasion touched her vagina with his hand. When she was eight, he performed oral sex on her and regularly attempted to have vaginal intercourse with her until she told him it hurt. And when she was 12, defendant would have oral and vaginal sex with her a few times a week. Toward the end of this same time frame, in 2006 and 2007, defendant’s biological daughter, A., would sometimes visit. During one of those visits, when A. was 12 or 13 years old, defendant kissed her “in a romantic sort of way” with his tongue and thrust his knee against her vagina. A week later, he again kissed her, and also groped her breasts and slid his fingers under her clothing to penetrate her vagina. The People charged defendant with a total of eight counts of committing a lewd act upon a child (§ 288, subd. (a)), each tied to a separate incident, six involving Crystal and two involving A. The People also charged defendant with a single count of continuous sexual abuse (§ 288.5, subd. (b)) against Crystal. The People further alleged