People v. Molina

Filed 10/17/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061280

v. (Super. Ct. No. 18NF2732)

DOMINIC RENE MOLINA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Terri K. Flynn-Peister, Judge. Affirmed. Spolin Law, Aaron Spolin and Jeremy Cutcher for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Daniel J. Hilton and Steve Oetting, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Midway through the global COVID-19 pandemic, a jury convicted Dominic Rene Molina of committing various sexual crimes against his girlfriend’s young daughter. Molina contends that COVID-19 safety protocols implemented at trial, particularly the use of masks and socially distanced seating arrangements, deprived him of his constitutional right to a fair trial, and further that his attorney rendered ineffective assistance by asking the trial court to disclose to prospective jurors that he was in custody. Neither argument has any merit, and we affirm the judgment.

FACTS Molina repeatedly molested his girlfriend’s six-year-old daughter, who 1 eventually disclosed the abuse to her father. Molina was charged with three counts of sexual penetration with a child 10 years or younger (Pen. Code, § 288.7, subd. (b)), and two counts of lewd or lascivious acts upon a child under 14 years (id., § 288, subd. (a)). Trial began in June 2021, well into the COVID-19 pandemic. The trial court implemented safety protocols at trial, including face masks and social distancing. Additionally, at defense counsel’s request and with Molina’s permission, the court informed potential jurors during voir dire that Molina was in custody because he had not posted the bail set at his initial court appearance, and emphasized to the potential jurors that Molina was nonetheless presumed innocent. The jury found Molina guilty on all counts, and the trial court sentenced him to a combined term of 45 years to life. Molina filed this appeal challenging the COVID-19 safety protocols used at trial and his counsel’s request to have the court disclose to the jury he was in custody.