People v. Garcia CA5

INTRODUCTION

In June 2023, for crimes committed in January 2023 against the five-year-old daughter of his girlfriend, defendant Angel Anthony Garcia was convicted by jury of one count of oral copulation or sexual penetration of a child 10 years of age or younger and one count of lewd touching by force of a person under 14 years of age. (Pen. Code, §§ 288.7, subd. (b) [count 1], 288, subd. (b)(1) [count 2].)1 In a bifurcated proceeding, the trial court found true the aggravating circumstances that defendant’s prior convictions were numerous or increasing in seriousness (factor 1) and that the victim was particularly vulnerable (factor 2).2 (Rules 4.421(a)(3), (b)(2).) In July 2023, the court imposed a mandatory term of 15 years to life on count 1 and, relying on the victim’s vulnerability, the upper term of 10 years on count 2.3 Defendant timely appealed and challenges his conviction and sentence on two grounds. First, he claims the trial court erred by failing to instruct the jury with

All further undesignated statutory references are to the Penal Code. The information also alleged, as factor 3, the aggravating circumstance that defendant served a prior prison…