P. v. Neyra CA2/6

Filed 4/3/13 P. v. Neyra CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B236756 (Super. Ct. No. VA114509-01) Plaintiff and Respondent, (Los Angeles County)

v.

ABEL N. NEYRA,

Defendant and Appellant.

A jury convicted Abel N. Neyra of two counts of committing lewd acts on a child (Pen. Code, § 288, subd. (a)) and one count of continuous sexual abuse (§ 288.5, subd. (a)). He received a prison sentence of 16 years. We affirm. FACTS B.T. was born in 1992. She lived with her mother in her grandmother's (I.) home. Neyra is I.'s husband and also lived in th home. Beginning when B.T. was six years old, Neyra would enter her room at night and kiss her on the mouth. He would kiss her with an open mouth and use his tongue. This continued frequently until B.T. was 11. When B.T. was nine years old, Neyra began kissing and touching her breasts. He would lift up her bed clothes and use his hand and mouth.

When B.T. was 10 years old, Neyra began putting his finger into her vagina. It happened frequently. On a few occasions, Neyra took B.T.'s hand and made her touch his penis. This happened until she was 11. B.T. was afraid to report Neyra's actions. But when she was about eight or nine she told her friend, Y., and when B.T. was about 11 she told her friend B. When B.T. was 11, Neyra kissed her on the neck while she was at her computer. B.T. told her mother (M.) that Neyra kissed her on the neck, but she did not mention any other incidents. M. told I. and Neyra about the kiss. From then on Neyra's inappropriate behavior stopped. In 2010, M. was talking to a therapist when she mentioned the kissing incident. The therapist reported the matter to a social worker who contacted the sheriff's office. Deputy Stephen Valenzuela interviewed B.T. B.T. told Valenzuela about the molestations. She was visibly upset during the interview. She cried when she told him that Neyra had touched her vagina. Neyra had taken I. to the hospital for surgery. The police arrested him there. After he was taken to the police station, however, he was taken back to the hospital so that his heart could be checked. Detective Anthony Olague interviewed Neyra at the hospital jail ward. Olague introduced himself as a Sheriff's detective. He recorded the interview. Initially, Neyra told Olague that he engaged in nonsexual kissing and that he was just playing. Later, he admitted he put his tongue in her mouth while kissing her. He also admitted he touched and kissed her breasts. He did it many times. Neyra denied, however, that he touched B.T.'s vagina or made her touch his penis Olague suggested that Neyra write a letter to B.T. Neyra agreed to write a letter to ask B.T. to forgive him. Neyra asked Olague about going to court and the charges against him. Neyra recognized that the charges are "the bad things I've done." Neyra also asked about