In Re Asencio

Petitioner Jose Roberto Asencio alleges that the evidence was insufficient to sustain his conviction for violating Penal Code section 269, subdivision (a)(5); that there was insufficient evidence of more than one act of sexual penetration such that two of the counts on which he was convicted must be reversed; and that he received constitutionally ineffective assistance of counsel from trial counsel and former appellate counsel. We deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

Kimberly G., Asencio’s niece, was six years old in July 2005. Her home had a separate, partially converted garage in which Asencio, known to her as “Uncle Chato,” lived. In August 2005, Kimberly G.’s mother took her to the doctor because she was having difficulty urinating. Medical tests revealed that Kimberly G. had gonorrhea.

Kimberly G. was interviewed by the police. The police officer who translated for Kimberly G. during the interview testified that when he first met Kimberly G., “she was happy and [had] no concern on her face.” The officer testified that when he began to question her as to the reason she was there, “her face just dropped.” When the officer asked why her vagina hurt,…