People v. Vasquez CA4/1

I. INTRODUCTION

A jury convicted Jesus Alfonso Bautista Vasquez of three counts of sexual penetration with a child under 10, nine counts of lewd acts upon a child under 14, and three counts of exhibiting pornography to a minor. He appeals from his convictions on three grounds: (1) the People presented insufficient evidence of force, duress, or fear regarding three of his lewd acts; (2) the People failed to prove whether the pornography counts occurred before or after a 2014 amendment to the statute for which the jury convicted him, resulting in improper jury instructions and violating the prohibition against ex post facto laws; and (3) his 135-year-to-life sentence for nine lewd acts is cruel and unusual, and his trial counsel was ineffective for failing to object on that ground. Concluding that none of these claims warrant reversal, we affirm the judgment.

II. BACKGROUND

J.M., D.M., and M.H., are Vasquez’s nieces. In 2013 and 2014 they lived together in the same duplex. During this time, J.M. was between eight and 10 years old, and D.M. and M.H. were between four and six years old. J.M., D.M., and their parents shared one side of the duplex with Vasquez, his wife, and their…