Cardenas

People v. Cardenas

Bad Law
1994 Cal. App. LEXIS 13·21 Cal. App. 4th 927·26 Cal. Rptr. 2d 567·94 Daily Journal DAR 489·94 Cal. Daily Op. Serv. 285
Court of Appeal of CaliforniaJanuary 12, 1994B071438California5,244 words

Opinion

Opinion

Hastings, J.

Juan Espinosa Cardenas held himself out to be a “curandero,” or faith healer, and rendered “treatment” to various female believers of the religion Curanderismo. His activities under this guise led to his conviction of six counts of grand theft (Pen. Code, § 487) and seventy counts of sexual misconduct (Pen. Code, §§ 289; 266c; 261, subd. (a)(2); 288, subd. (a); 288, subd. (b)), and findings that he occupied a position of special trust (Pen. Code, § 1203.066, subd. (a)(9)).

Appellant challenges the convictions for count 2, penetration of the genital or anal openings of Selsa P. by a foreign object (§ 289, subd. (a)); and counts 20 through 36, forcible lewd act upon Maricela P., a child under 14 years of age (§ 288, subd. (b)), by penetration of the genital or anal openings by a foreign object (counts 21 through 23) and sexual intercourse (counts 24 through 36). The trial court imposed the middle term of six years on count 2, and seventeen consecutive six-year terms on counts 20 through 36, as required by section 661.6.

For each of the challenged convictions, appellant contends that the evidence was insufficient to support findings of the element of “force, violence,…

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