People v. Herrera CA2/5

I. INTRODUCTION

A jury found defendant Yovanny Dominguez-Herrera guilty of committing a lewd act upon his 14 year-old daughter. (Pen. Code1, § 288, subd. (c)(1).) On appeal, defendant contends the evidence was insufficient to prove he acted with specific intent because he was undisputedly intoxicated at the time of the offending conduct. We affirm.

II. BACKGROUND

On the evening of October 29, 2022, defendant committed a lewd act upon his then 14 year-old daughter, H.L., who was visiting him and his family2 for the weekend. During the investigation that followed, defendant’s daughter J.D. disclosed that defendant had engaged in the same type of lewd conduct with her a couple of years prior. The Los Angeles County District Attorney filed criminal charges against defendant for the sexual abuse of each girl. The charges before the jury at the May 2024 trial were: count 1, commission of a lewd act upon H.L., a child of 14 or 15 years, in violation of section 288, subdivision (c)(1); and count 2, commission of a lewd act upon J.D., a child under the age of 14, in violation of section 288, subdivision (a).

1 All statutory references are to the Penal Code.

2 Defendant…