People v. Valdovinos CA6

STATEMENT OF THE CASE

An information charged defendant Joel Mendoza Valdovinos with one count of forcible lewd conduct on a child under the age of 14 (Pen. Code, § 288, subd. (b)(1); count 1), one count of assault with intent to commit lewd conduct on a child under the age of 14 (Pen. Code, §§ 220, subd. (a), 288, subd. (a); count 2), one count of sexual battery (Pen. Code, § 243.4, subd. (a); count 3), and four counts of forcible rape (Pen. Code § 261, subd. (a)(2); counts 4, 5, 6, and 7). Liliana Doe was the alleged victim in count 1, V. Doe was the alleged victim in counts 2 and 3, and A. Doe was the alleged victim in counts 4 to 7. For each count, the information alleged a multiple-victim enhancement (Pen. Code, § 667.61, subds. (b), (c) & (e)). A jury convicted defendant on counts 1, 2, 4, 5, 6, and 7. As to each count, the jury found the multiple-victim allegation to be true. The jury was unable to reach a verdict on count 3, and the trial court declared a mistrial on that count. The trial court sentenced defendant to a prison term of 75 years to life consecutive to four years. Defendant now appeals from the judgment of conviction. On appeal, defendant makes the following…