People v. Alvarez CA2/8

Filed 2/22/24 P. v. Alvarez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B328776

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA147394-01) v.

RAMIRO G. ALVAREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. John J. Lonergan, Judge. Affirmed.

Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_____________________________

Defendant Ramiro Alvarez1 appeals from his judgment of conviction for count 1, oral copulation or sexual penetration with a child 10 years old or younger. (Pen. Code,2 § 288.7, subd. (b).) The trial court sentenced Alvarez to 15 years to life. The court credited Alvarez with 1,519 days actual custody credit and 228 days local conduct credit for a total of 1,747 days of presentence custody credit. Alvarez appealed, and his appellate counsel filed a brief asking this court to proceed under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. Jaqueline C. testified that she lived in a home with several family members including her father, father’s wife, brother, niece, and nephew. Guillermo, Sr., Jaqueline’s father, owned the home. Alvarez resided in the home and lived in a bedroom in the house. Guillermo, Jr., (Guillermo Jr.) testified that he lived in the home with his children, Sebastian C. and Darlene C. As of March 2018, Darlene was a one-year-old child, nearing two, and her brother was 11 months older than Darlene. On the night of March 3, 2018, Guillermo Jr. was in the home with his two children. Guillermo Jr. slept in the living room with his children on a pull-out couch. On at least one previous night, Darlene fell off the bed when they slept on the pull-out couch. On the night of March 3, 2018, Guillermo Jr. was positioned between the two children as they all fell asleep. During the night, Guillermo Jr.