People v. Velasco CA2/1

Filed 3/2/21 P. v. Velasco CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B305629

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA148620) v.

ALEJANDRO JARDER VELASCO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tammy Chung Ryu, Judge. Affirmed. ________________________________

Victoria H. Stafford, under appointment by the Court of Appeal, and Alejandro Jarder Velasco, in pro. per, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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A jury convicted defendant Alejandro Jarder Velasco of three counts of committing a lewd act on a child under 14 years of age (counts 1, 2, & 4; Pen. Code,1 § 288, subd. (a)), one count of continuous sexual abuse (count 3; § 288.5, subd. (a)), eight counts of committing a lewd act on a child 14 or 15 years of age (counts 5–12; § 288, subd. (c)(1)), two counts of oral copulation with a minor (counts 14, 15; § 287, subd. (b)(1), and one count of sexual penetration with a minor (count 16; § 289, subd. (h)). The victim of defendant’s crimes is his wife’s niece, M.R. In connection with counts 2 and 4, the jury also found true allegations that defendant had “substantial sexual conduct with [M.R.]” within the meaning of section 1203.066, subdivision (a)(8).2 The jury acquitted defendant of one count of unlawful sexual intercourse with a minor (§ 261.5, subd. (c)). The court sentenced defendant to prison for 20 years, comprised of the following terms: 12 years on count 3; consecutive two-year terms on each of counts 1, 2, and 4; a consecutive eight-month term on count 5; one-year concurrent terms on each of counts 6 through 12; a consecutive eight-month term on count 14; a concurrent 16-month term on count 15; and an eight-month consecutive term on count 16. The court also imposed a restitution fine in the amount of $300 (§ 1202.4, subd. (b)), imposed and stayed a parole revocation restitution fine in the amount of $300 (§ 1202.45, subd. (a)), imposed a $600 court operations fee (§ 1465.8, subd. (a)(1), and a $450 court facilities assessment (Gov. Code, § 70373, subd. (a)(1)).