People v. RamirezGutierrez CA2/6

Filed 6/17/24 P. v. RamirezGutierrez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B327144 (Super. Ct. No. 22F-01654) Plaintiff and Respondent, (San Luis Obispo County)

v.

DANIEL RAMIREZGUTIERREZ,

Defendant and Appellant.

Daniel RamirezGutierrez appeals from a judgment following a bench trial at which the court found him guilty of 14 counts of committing a lewd act upon a child (Pen. Code1, § 288, subd. (a); counts 1-10, 16-19); two counts of forcible rape (§ 261, subd. (a)(2); counts 11-12); two counts of forcible oral copulation (§ 287, subd. (c)(2)(A); counts 13-14); and one count of sex or

1 All further statutory references are to the Penal Code

unless otherwise noted.

sodomy with a child under 10 (§ 288.7, subd. (a); count 15). The court found true allegations regarding multiple victims and victims under the age of 14. (§ 667.61, subds. (b), (e), and (j)(2).) The trial court imposed consecutive sentences totaling 435 years to life: 15 years to life for each of counts 11 through 14, and 25 years to life for each of the remaining counts. Appellant contends his sentence violates state and federal prohibitions against cruel and unusual punishment. We disagree and will affirm. FACTUAL AND PROCEDURAL BACKGROUND Allison Doe Allison Doe, appellant’s stepdaughter, was 12 years old at the time of trial. Allison’s mother is Glenda. Allison met appellant when she was about three years old. Within a few months, appellant began touching Allison. The first instance she recalled was when appellant pulled out his penis and told her to touch it. Sometimes appellant would take Allison’s clothes off and touch her vagina and breasts with his hands. Appellant put his penis inside her vagina and used it to touch her butt. Penetration was painful. Once, when Allison woke up in bed, appellant was behind her naked. He removed her clothes and touched her vagina with his penis. Appellant had Allison touch his penis with her hands or mouth on multiple occasions. Appellant would ask Allison if she liked it. He told her that she would be sent back to Honduras if she told anyone. Appellant would not let Allison speak to boys or participate in extracurricular activities at school. Allison eventually told a friend about appellant touching her. Subsequently, Allison spoke with a police officer.