Gil

People v. Gil

Good Law
1992 Cal. App. LEXIS 155·3 Cal. App. 4th 653·4 Cal. Rptr. 2d 697·92 Daily Journal DAR 2025·92 Cal. Daily Op. Serv. 1273
Court of Appeal of CaliforniaFebruary 11, 1992B043683California2,126 words

Opinion

Opinion

Ashby, J.

By jury trial appellant Victorio Dominguez Gil was found guilty as charged of five counts of forcible lewd conduct on a child under the age of 14. (Pen. Code, § 288, subd. (b).) He was sentenced to a term of 18 years in state prison.

Appellant lived in the same house as the two victims, Flor T. and Sandra P. Appellant lived with Flor’s mother (Alfa) by whom he fathered Flor’s baby sister. Alfa’s sister (Carolina) and her family also lived in the house. Sandra was Carolina’s daughter and Flor’s cousin.

Counts III, IV, and V involved Sandra. All three of these crimes occurred near her eleventh birthday, which was in May 1987. Counts I and II involved Flor. The crime in count II also occurred around May 1987, when Flor was 9. The other (count I) occurred near August 1988, when Flor was 10.

Facts

We recite the facts in accordance with the usual rule that an appellate court views the evidence in the light most favorable to the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

Sandra (Counts III, IV, V)

Around May of 1987 Sandra went into Flor’s room to look for her sister’s bottle. Appellant was hiding behind the door of Flor’s…

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