People v. Quiahua CA2/6

Filed 1/17/23 P. v. Quiahua CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B319239 (Super. Ct. Nos. PA092619, Plaintiff and Respondent, PA096132) (Los Angeles County) v.

JERONIMO QUIAHUA,

Defendant and Appellant.

Jeronimo Quiahua appeals from the judgment after a jury convicted him of spousal rape (Pen. Code,1 former § 262, subd. (a)(1); count 1), sodomy (§ 286, subd. (c)(2)(A); count 2), criminal threats (§ 422, subd. (a); count 3), corporal injury on a spouse (§ 273.5, subd. (a); count 4), assault with force likely to produce great bodily injury (§ 245, subd. (a)(4); count 5), lewd acts on a child (§ 288, subd. (a); count 6), continuous sexual abuse of a child

1 Unlabeled statutory references are to the Penal Code.

(§ 288.5, subd. (a); count 7), and oral copulation or sexual penetration of a child (§ 288.7, subd. (b); count 8).2 The jury also found true allegations that Quiahua used a deadly weapon when committing counts 1 and 2 (§ 12022, subd. (b)(1)) and that he committed counts 1, 2, 6, and 7 against more than one victim (§ 667.61, subd. (e)(4)). The trial court sentenced him to 70 years to life in state prison plus three years eight months. Quiahua contends his convictions on counts 6, 7, and 8 should be reversed because the trial court erroneously admitted into evidence photographs that were irrelevant and unduly prejudicial. We affirm. FACTUAL AND PROCEDURAL HISTORY3 J.Q. was born in October 2006. Quiahua started molesting her when she was just three years old. He put his fingers and penis inside her vagina. When she would scream, he would cover her mouth and tell her to be quiet. J.Q. did not tell anyone about Quiahua’s abuse because she did not understand that the conduct was abnormal. Over the next nine years, J.Q. endured some form of sexual abuse “almost every night.” Oftentimes, Quiahua would touch J.Q.’s vagina with his fingers and then penetrate it with his penis. On other occasions Quiahua would grab J.Q.’s hand and