People v. Chavez CA2/5

INTRODUCTION

Defendant and appellant Daniel Lopez Chavez (defendant) was convicted of first degree burglary (Pen. Code, § 4591) (count 1), felony child molesting (§ 647.6, subd. (b)) (count 2), and failure to register as a sex offender after an address change (§ 290, subd. (b)) (count 3). On appeal, defendant contends that his sentence of 60 years to life in state prison is unconstitutional as cruel or unusual punishment. We affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence

a) Counts 1 and 2 Defendant was a friend of D.J.’s2 father, A.J. Until approximately April 2011, defendant lived in the house immediately behind D.J.’s house. Defendant would occasionally bring A.J.’s family groceries, and defendant and A.J. drank beer together occasionally. D.J. had contact with defendant when he lived immediately behind her house on one or two occasions. On one occasion, when D.J. was 16 or 17 years old, her parents were thinking of separating, and when D.J. was home alone, defendant stood at the doorway to D.J.’s house and told D.J. that he would be there for her, and he would “come over later and take care of her.” Defendant’s comment made D.J.…