People v. de Leon CA1/5

Filed 5/31/24 P. v. de Leon CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A166057

v. (Marin County Super. Ct. JUAN MANUEL CALDERON DE No. SC208457A) LEON, Defendant and Appellant.

Defendant Juan Manuel Calderon de Leon appeals a final judgment following a jury trial in which he was convicted of multiple sex crimes against John Doe, who was six years old at the time of the offenses. Calderon de Leon argues that reversal is warranted because he was deprived of effective assistance of counsel during critical stages of his trial to the point where prejudice should be presumed under United States v. Cronic (1984) 466 U.S. 648 (Cronic). We disagree and affirm. I. BACKGROUND In November 2019, an information charged Calderon de Leon with: (1) lewd acts upon a child (Pen. Code,1 § 288, subd. (a); counts 1, 2, and 5); (2) oral copulation with a child (§ 288a, subd. (c)(1); counts 3 and 6); and

1 All further statutory references are to the Penal Code.

1

(3) sodomy of a child (§ 286, subd. (c)(1); counts 4 and 7). As to counts 4 and 7, the information alleged that the offenses were violent felonies within the meaning of section 667.5, subdivision (c)(4). As to all counts, the information alleged that Calderon de Leon engaged in substantial sexual conduct within the meaning of section 1203.066, subdivision (a)(8). Following trial, the jury found Calderon de Leon guilty of all counts. The trial court sentenced Calderon de Leon to a total of 15 years in prison, consisting of three years on count 4 and consecutive terms of two years on each of the remaining six counts. Calderon de Leon timely appealed. A. John Doe’s Testimony John Doe was 23 years old at the time he testified at the trial. Calderon de Leon is his half-brother and is 12 years older than him. When John Doe was six years old, Calderon de Leon moved in with him, their mother, and his younger sister. Calderon de Leon was 18 years old at the time and was often left in charge of watching John Doe and his sister while their mother was at work. John Doe testified that on one occasion when he was six years old, he was playing a video game in the master bedroom when Calderon de Leon came in and asked if he wanted to play a different game. John Doe’s sister also came into the room but Calderon de Leon “shooed her away.” Calderon de Leon told John Doe to take off his clothes and proceeded to take off his own clothes. After they were both naked, Calderon de Leon kissed John Doe on the mouth and instructed John Doe to perform oral copulation, which John Doe did. Calderon de Leon then told John Doe to get under the bed sheets with him. Once they were both under the sheets, Calderon de Leon anally penetrated John Doe with his penis. Calderon de Leon then led John Doe into the bathroom, and the two got into the shower together. Calderon