People v. Moreno CA4/3

Filed 6/4/21 P. v. Moreno 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G059163

v. (Super. Ct. No. 17NF0374)

CHRISTIAN MORENO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed. Barbara A. Smith, 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, Charles C. Ragland and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury found Christian Moreno guilty of kidnapping for the purpose of committing a sex offense, sexual battery by restraint, and sexual penetration of a child 14 years or older with a foreign object. The trial court sentenced him to 29 years to life, and he appealed. Moreno’s sole contention on appeal is that the evidence was insufficient to establish sexual penetration. As discussed below, we conclude the victim’s statements to two police officers and a nurse supported the jury’s finding of sexual penetration. Accordingly, we affirm. I FACTUAL BACKGROUND The victim C.G. testified she was a high school freshman in January 2017. On the morning of January 9, 2017, C.G. was walking to school when Moreno grabbed her around the waist from behind. Moreno pulled her toward a nearby residence, pushed her against a corner wall, and put his hands into her pants. C.G. felt pressure against her vagina, and experienced a “sharp or jabbing pain.” Moreno pulled down C.G.’s shirt and began sucking her left breast. C.G. pushed Moreno off, and he ran away. C.G. fled to her school where she was interviewed by police officers about the assault. She could not recall telling the officers Moreno had poked her anus, but stated her memory of the assault now (at the time of trial) was not as good as when she was interviewed. La Habra Police Officer Nicholas Vasquez testified that in January 2017, he was assigned as the school resource officer for C.G.’s high school. After school officials informed Vasquez about the assault, he interviewed C.G., who was crying and distraught. C.G. reported Moreno had put his hand or finger “in her butt” and his mouth on her left breast. Vasquez asked her to clarify what was put into her butt, and C.G. stated: “I’m pretty sure it was his finger that went into my butt.” Brea Police Detective Glenn Eastman testified he also interviewed C.G. C.G. was “[v]ery shaken, very nervous, scared . . . distraught.” She stated Moreno “did penetrate her,” but “she was uncertain if it was one finger, more than one finger, or what