People v. Garibo CA4/2

INTRODUCTION

Defendant Antonio Ayala Garibo molested his stepdaughter throughout her 1 childhood. A jury convicted defendant of six counts of committing lewd and lascivious

acts upon a child under 14 years of age. (Pen. Code, § 288, subd. (a).)1 The trial court

sentenced defendant to 18 years in state prison: the upper term of eight years on count 1,

plus five consecutive two-year terms on counts 2 through 6.

On appeal, defendant argues his Miranda2 rights were violated during a custodial

interrogation. Defendant also contends there is insufficient evidence of counts 5 and

and the sentences on those counts should be stayed. Finally, he claims there was

prejudicial instructional error. We reject defendant’s contentions and affirm the

judgment.

II

STATEMENT OF FACTS

A. Prior Incidents

Jane Doe was born in September 1987. Between the ages of four or five and

seven years old, Jane Doe lived in Anaheim with defendant and her mother and siblings

after defendant married her mother. When Jane Doe was four or five years old,

defendant touched her inappropriately during a game of hide-and-go-seek. Jane Doe and

defendant were hiding in her bedroom when he touched her…