People v. Delgado CA4/3

Filed 1/25/24 P. v. Delgado 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062035 Plaintiff and Respondent, (Super. Ct. No. 20CF3443) v. OPINION JOSE LUIS DELGADO,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Thomas Owen, 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, Steve Oetting and Evan Stele, Deputy Attorneys General, for Plaintiff and Respondent. * * * A jury convicted Jose Luis Delgado of eight counts of sexual abuse of his niece, Jane Doe, as follows: two counts of lewd acts upon a child under 14 (counts 1 1 and 2; Pen. Code, § 288, subd. (a)); three counts of sexual intercourse with, or sodomy of, a child 10 years or younger (counts 3, 4, and 5; § 288.7, subd. (a)); and three counts of oral copulation or sexual penetration of a child 10 years or younger (counts 6, 7, and 8; § 288.7, subd. (b)). The trial court sentenced Delgado to an aggregate term of 90 years to life in prison, consisting of consecutive 25-years-to-life terms on counts 3, 4, and 5, plus 15 years to life consecutively on count 6, and concurrent terms on counts 1, 2, 7, and 8. Delgado’s sole contention on appeal is that the trial court’s unanimity instruction (CALCRIM No. 3501) did not require the jury to reach a unanimous verdict as to the acts underlying each of the eight charged counts. More than 10 years ago our colleagues in Division One of the Fourth District considered and rejected this identical contention in People v. Milosavljevic (2010) 183 Cal.App.4th 640 (Milosavljevic). We agree with their analysis. We therefore affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND At age 14, Jane Doe reported to a school counselor, her parents, and police that Delgado, her uncle, had been molesting her. Jane testified the abuse began when she was seven or eight years old, and Delgado lived with her family. The first inappropriate contact she remembered was Delgado pulling down her pants in the kitchen when her