People v. Villanueva CA5

Filed 4/11/22 P. v. Villanueva CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F080726 Plaintiff and Respondent, (Super. Ct. No. DF012944A) v.

ARMANDO VILLANUEVA, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. Michael E. Dellostritto, Judge. Cara DeVito, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Jessica C. Leal, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Armando Villanueva was convicted by jury of 10 counts of sexually abusing minor girls at a daycare operated by his wife. He raises a single issue on appeal: Did the

trial court err in excluding evidence he was sexually interested in “adult Caucasian women, not children?” We conclude the court did not err and, even had it erred, the error would be harmless based on other evidence presented indicating Villanueva was neither sexually deviant nor suggestive of pedophilia. Accordingly, we affirm the judgment. BACKGROUND Charges The Kern County District Attorney charged Villanueva with 10 crimes: lewd act on a child under age 14 (Pen. Code,1 § 288, subd. (a); Count 1), oral copulation on a minor under age 14 (§ 288a, subd. (c)(1); Count 2), lewd act on a child under age 14 (§ 288, subd. (a); Count 3), oral copulation on a minor under age 14 (§ 288a, subd. (c)(1); Count 4), lewd act on a child under age 14 (§ 288, subd. (a); Count 5), lewd act on a child under age 14 (§ 288, subd. (a); Count 6), lewd act on a child under age 14 (§ 288, subd. (a); Count 7), lewd act on a child under age 14 (§ 288, subd. (a); Count 8), lewd act on a child under age 14 (§ 288, subd. (a); Count 9), and lewd act on a child under age 14 (§ 288, subd. (a); Count 10).2 Counts 1, 3, 5, 6, 7, 8, 9, and 10 included multiple victim special circumstance allegations (§ 667.61, subd. (e)(4)). Trial Evidence3 Villanueva’s wife operated a daycare for many years out of the family home. Sometimes, Villanueva’s wife would leave to run errands, leaving Villanueva as the only