People v. Villanueva CA3

Filed 11/7/23 P. v. Villanueva CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C097379

Plaintiff and Respondent, (Super. Ct. No. 18CF02521)

v.

FRANK ANTHONY VILLANUEVA,

Defendant and Appellant.

A jury found defendant Frank Anthony Villanueva guilty of continuous sexual abuse of a minor and the trial court sentenced him to the low term of six years in state prison. On appeal, Villanueva argues he should have been placed on probation because the court did not adequately account for all the factors favoring probation in his case. We will affirm the judgment. BACKGROUND This appeal involves multiple sexual abuse counts as against three victims, Jane Doe 1, Jane Doe 2, and Jane Doe 3. The Butte County District Attorney’s Office charged

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Villanueva with continuous sexual abuse of Jane Doe 1 (Pen. Code, § 288.5, subd. (a); count 1)1 and five counts of lewd and lascivious acts on a child under the age of 14 as to Jane Doe 2 (§ 288, subd. (a); counts 2-6). At trial, and as relevant to the issues on appeal, Jane Doe 1 testified Villanueva was her sister’s boyfriend. Villanueva lived in the same house with her, where she shared a room with her mother. When she was nine years old, Villanueva would crawl into the room after everyone was asleep and touch her vagina over her clothes. This occurred at least weekly until Jane Doe 1 was 13 or 14 years old. Jane Doe 1 told her family about the conduct when it first happened, but nobody intervened to stop the abuse. Jane Doe 2 testified Villanueva was her aunt’s boyfriend. When she was 10 years old, she was playing hide-and-seek with her cousins when Villanueva touched her buttocks and vagina. He also touched her when she was sleeping and would leave if she woke up. He touched her more than 50 times beginning when she was 10 years old and ending when she was 11 years old. She recounted specific incidents where he had touched her, including one where he touched her with his penis in the shower. Jane Doe 3 testified Villanueva used to be her neighbor.2 When she was 11 years old, she was playing with Villanueva’s daughters and he touched her buttocks. Over a period of two or three months, Villanueva touched her over nine times. When Jane Doe 3’s mother confronted Villanueva about his actions, he said, “Oh, no, not again.” The jury found Villanueva guilty of count 1 for his actions towards Jane Doe 1, but not guilty of count 5 for his actions towards Jane Doe 2. The jury was unable to reach a verdict on the remaining four counts. The prosecution elected to retry those