P. v. Vasquez CA2/1

Filed 3/27/13 P. v. Vasquez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B242760

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA081297) v.

S. VASQUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. James R. Brandlin, Judge. Affirmed. Andy Miri for Defendant and Appellant Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey and Louis W. Karlin, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury found defendant guilty of six offenses involving the sexual abuse of his daughter and two step-daughters. The court sentenced defendant to a prison term of 81 years to life. On appeal, defendant argues that the court erred in admitting expert testimony regarding “child sexual abuse accommodation syndrome,” the evidence is insufficient to support his convictions, and his sentence is “excessive.” We affirm the judgment. FACTS AND PROCEEDINGS BELOW The principal prosecution witnesses were the three victims and a clinical psychologist. We summarize their testimony below. A. Alexis’s Testimony Alexis was 12 years old at the time of trial. Defendant began molesting her when she was in the first grade. The first incident occurred in the bathroom of their home. Defendant pulled down his pants and exposed his penis then pulled down Alexis’s pants and put his penis in her anus. It hurt and she started to bleed. On subsequent occasions over the next six years defendant placed his penis and his fingers in her anus, and touched her vagina over and underneath her clothes. At least five times defendant forced Alexis to sleep with him in the nude and on five occasions defendant tried but failed to penetrate Alexis’ vagina with his penis. This molestation continued for six years until Alexis was in the sixth grade. B. Vanessa’s Testimony At the time of trial Vanessa was 11 years old. She was eight years old when the abuse began. She and defendant were in his bedroom when he told her to take her clothes off and lie on his bed. When she did so he penetrated her vagina with his penis. He repeated this abuse “lots of times.” He penetrated her anus with his penis on two occasions. Defendant would also force Vanessa’s hand onto his penis. Vanessa saw defendant do the same things to Alexis.