P. v. Avalos CA4/2

Filed 5/2/13 P. v. Avalos CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, E057064

v. (Super.Ct.No. RIF1100195)

RUBEN AVALOS, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Jeffrey Prevost, Judge.

Affirmed.

Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

INTRODUCTION

On July 6, 2011, an information was filed against defendant and appellant Ruben

Avalos1 involving three victims. As to Jane Doe 1, defendant was charged with five

counts of engaging in unlawful sexual intercourse or sodomy with a person 10 years of

age or younger. (Pen. Code, § 288.7, subd. (a), counts 1-5.) As to Jane Doe 2, defendant

was charged with one count of engaging in oral copulation or sexual penetration (§ 288.7,