People v. Marin CA3

Filed 9/21/22 P. v. Marin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C094446

Plaintiff and Respondent, (Super. Ct. No. 20FE006546)

v.

EDWARD MARIN,

Defendant and Appellant.

A jury found defendant Edward Marin guilty of 24 counts of committing lewd and lascivious acts on his stepdaughters and eight additional counts of doing so while they were 14 or 15 years old and he was at least 10 years older. The trial court sentenced defendant to 57 years four months in state prison. On appeal defendant contends the trial court created an unconstitutional presumption in favor of the truth of the victim’s out-of- court statements when it instructed the jury with CALCRIM No. 318. Defendant argues the trial court erred in failing to recite the amount and basis for each of the fines on the record when it orally pronounced sentence, and the fees imposed under Government Code section 29550.2 are not valid. Our review of the record disclosed the omission of one fine from the abstract of judgment and the assessment of fees that are unenforceable.

1

We will affirm the judgment, but strike the fees imposed under Government Code section 29550.2, and order the trial court to correct the abstract of judgment. FACTUAL AND PROCEDURAL BACKGROUND As to his younger stepdaughter, the amended information charged defendant with 20 counts of committing lewd and lascivious acts (Pen. Code, § 288, subd. (a);1 counts 1- 20) and seven counts of committing a lewd and lascivious act on a 14- or 15-year-old child where the perpetrator was 10 years older (§ 288, subd. (c)(1); counts 21-27). As to his older stepdaughter, the information charged defendant with four acts of committing lewd and lascivious acts (§ 288, subd. (a); counts 28-31) and one count of committing a lewd and lascivious act on a 14- or 15-year-old child where the perpetrator was 10 years older (§ 288, subd. (c)(1); count 32). The information charged defendant with additional enhancements as to each count that he committed the offense on more than one victim, and he had substantial sexual contact with the victim who was under 14 years of age on counts 1 through 20 and 28 to 31. (§ 1203.066, subd. (a)(7), (8).) Due to the limited nature of the issues argued on appeal, we will not describe the nature of defendant’s sexual assaults with particularity. Suffice it to say the evidence disclosed that defendant repeatedly sexually abused these stepdaughters over several years. Defendant started to sexually assault the oldest daughter when she was 11 or 12 years old. He continued the assaults until her sophomore or junior year in high school. The younger daughter testified defendant started to sexually assault her when she was 11 years old. The younger daughter testified the abuse occurred two to three times a week while she was in seventh grade and happened routinely after that. At least one of the acts was interrupted by her brother.