People v. Cruz-Antonio CA4/3

Filed 11/05/20 P. v. Cruz-Antonio CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G058038

v. (Super. Ct. No. 16WF2772)

ORLANDO CRUZ-ANTONIO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Michael J. Cassidy, Judge. Affirmed. David M. McKinney, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Robin Urbanski and Charles G. Ragland, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Orlando Cruz-Antonio sexually assaulted four different children during a six-year period. A jury convicted him of 23 felonies including two counts of sexual intercourse with M.A. when she was 10 years old or younger. The court sentenced him to 465-years-to-life in state prison. On appeal, Cruz-Antonio argues there was insufficient evidence M.A. was 10 years old or younger when he assaulted her. He also argues the court erred in instructing the jury with CALCRIM No. 1190. We disagree and affirm the judgment.

FACTS Cruz-Antonio became M.A.’s godfather when she was two years old. The next year, he and his wife moved into an apartment (“apartment 1”) with M.A.’s family. The two families lived in apartment 1 for six years before moving to a new apartment (“apartment 2”) when M.A. was nine. While they lived in apartment 1, Cruz-Antonio and his wife had their own bedroom, but in apartment 2 they slept in the living room and 1 he “made a little room . . . with their furniture.” He created the “room” by using three free-standing closets and a blanket as a door. During trial, M.A. testified that she thought of Orlando-Cruz as a father figure and frequently spent time alone with him. He began touching her thighs, hugging her, and holding her hand when no one else was nearby. Eventually, he brought her to his room, locked the door, and took her clothes off. He then opened M.A.’s legs and put his penis inside her vagina. She was not sure how many times this occurred in apartment 1, but she remembered it was more than once. M.A. “vividly” remembered the first time it happened was in apartment 1.