People v. Garcia CA4/3

Filed 2/22/23 P. v. Garcia CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, G061136

v. (Super. Ct. No. 19WF0700)

NICANDRO SANCHEZ GARCIA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. Johanna Pirko, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Robin Urbanski and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On several occasions, Garcia sexually molested then three-year-old D.A. and then 13 or 14-year-old R.V. The acts involving D.A. occurred in March 2019, while the acts involving R.V. occurred between August 2016 and March 2019. Garcia was a friend of the children’s family. Garcia was charged in an information with committing lewd acts upon a child under 14 (Pen. Code, § 288, subd. (a)) (counts 1, 3 & 4), sexual penetration of a child 10 years old or younger (id., § 289) (count 2), and committing a lewd act upon a child of 14 years of age and at least 10 years younger than the defendant (id., § 288, subd. (c)(1)) (count 5). The information also alleged, as to counts 1, 3, and 4, Garcia committed the offenses against more than one victim. (Id., § 667.61, subds. (b), (e).) A jury found Garcia guilty of the lesser included offense of simple battery on count 2 (Pen. Code, § 242), and found him guilty of the crimes charged in counts 3, 4, and 5. The jury found Garcia not guilty of count 1, and found the sentencing enhancement allegation to be not true as to all counts. The trial court sentenced Garcia to a total term of eight years, eight months as follows: the midterm of six years on count 3, plus consecutive terms of two years on count 4 and eight months on count 5. The court suspended sentence on count 2. Garcia filed a timely notice of appeal.