People v. Gonzalez CA4/3

INTRODUCTION

A jury convicted Vicente Garcia Gonzalez of six counts (counts 1- 6) of committing forcible lewd acts on a child under 14 years of age in violation of Penal Code section 288, subdivision (b)(1) (section 288(b)(1)) and one count (count 7) of committing a lewd act on a child who was 14 or 15 years of age and was more than 10 years younger than he, in violation of Penal Code section 288, subdivision. (c)(1). The victim in each count was Jane Doe, who was born in 2005. The trial court sentenced Gonzalez to a total prison sentence of 30 years 8 months. Gonzalez challenges his conviction on three grounds: (1) the prosecutor committed error during closing argument;1 (2) the evidence was insufficient to prove he committed the crimes charged in counts 1 through 6 by means of force or duress; (3) the evidence was insufficient to prove Jane Doe was eight and nine years old, respectively, when he committed the acts alleged in counts 1 and 2. In addition, Gonzalez argues the court operations assessment and criminal conviction assessment must be stricken from the judgment because the trial court did not orally impose them at sentencing. We affirm with a modification and a limited…