People v. Thomas CA2/8

Filed 9/15/16 P. v. Thomas CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B270554

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA063283) v.

JEFFREY LEE THOMAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Christopher G. Estes, 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, Assistant Attorney General, and Scott A. Taryle, Deputy Attorney General, for Plaintiff and Respondent.

******

We affirm defendant and appellant Jeffrey Lee Thomas’s conviction for two counts of lewd act upon a child and one count of continuous sexual abuse. His sole argument that his trial was unfair because the court allowed evidence of currently uncharged sexual offenses repeatedly has been rejected, including by our Supreme Court. BACKGROUND Defendant was convicted of two counts of lewd act upon a child under 14 (Pen. Code, § 288, subd. (a)) (Melissa and Anna). Defendant also was convicted of the continuous sexual abuse of a child under 14 (Pen. Code, § 288.5, subd. (a)) (Melissa). With respect to all counts, jurors found that defendant was convicted of violating section 288 or section 288.5 against more than one victim. Defendant admitted that he suffered a prior conviction for committing a lewd act on a child with force (§ 288, subd. (b)(1)) and two convictions for committing a lewd act on a child (§ 288, subd. (a)). Defendant also admitted that he was in violation of his probation. Defendant was sentenced to a prison term of 270 years to life. 1. Evidence at Trial Overwhelmingly Supported the Judgment Melissa and Anna are sisters. At the time defendant molested them, he was their mother’s boyfriend, and he visited regularly in their home. Melissa met defendant when she was eight years old. One day, when she was almost nine, Melissa was alone with defendant in her living room; her mother and sister were elsewhere in the apartment. Defendant rubbed Melissa’s vagina for about five minutes. Melissa told defendant to stop and tried to move his hand. Melissa did not tell her mother or her sister because she thought they would not believe her. Two or three weeks later, defendant reached under Melissa’s clothes and rubbed her vagina. Defendant told Melissa she “was a woman now.” Defendant tried to insert his penis in Melissa’s vagina, but she was able to push him away. On another occasion, defendant grabbed Melissa’s hand and put it on his penis. Defendant rubbed Melissa’s hand up and down. He ejaculated. Another time, defendant rubbed his penis on Melissa’s vagina. Defendant touched Melissa’s breasts and her vagina.