People v. Ramirez CA5

INTRODUCTION

Appellant/defendant Jesus Ramirez was convicted of multiple felonies for the sexual molestation of C.G., his brother’s stepdaughter, when she was between the ages of five and 11 years old. He was sentenced to 25 years to life plus 24 years. On appeal, defendant argues there is insufficient evidence to support several of the convictions based on the manner the People pleaded and proved the offenses. We reverse defendant’s conviction for one count and the eight-year term imposed, and otherwise affirm.

FACTS

Defendant lived with his brother’s family in Dinuba for several years. C.G. (born 1996) was his brother’s stepdaughter. In 2013, C.G. was 16 years old when she testified in this case that defendant sexually molested her when she was a child.

The Swimsuit Incident (Count I) C.G. testified she was five or six years old when defendant molested her for the first time. Defendant entered her bedroom while she was changing into a swimsuit. Defendant pulled down her swim trunks. C.G. told him to stop but he did not. Defendant put his penis in her “butt,” and it hurt. C.G. testified that defendant “put his penis in [her] butt” approximately 20 times between the time she…