People v. Ramirez CA2/4

INTRODUCTION

Defendant Enrique Ramirez appeals from his conviction by jury on seven counts of forcible lewd acts upon a child. He contends there was insufficient evidence that he used force or duress. He also argues that the trial court improperly imposed a multiple victim enhancement to all of his counts. We affirm.

PROCEDURAL HISTORY

The Los Angeles County District Attorney (the People) filed an amended information on June 16, 2015 charging defendant with seven counts of forcible lewd acts upon a child 14 years old or younger pursuant to Penal Code section 288, subdivision (b)(1).1 The People alleged that defendant committed all counts against his two nieces— counts 1 through 3 alleged acts against V.C. between 1995 and 1997 and counts 4 through 7 alleged acts against A.C. between 2001 and 2009.2 The information further alleged as to all counts that defendant committed the offenses on more than one victim within the meaning of sections 1203.066, subdivision (a)(7) and 667.61, subdivisions (b) and (e). On June 18, 2015, a jury found defendant guilty on all counts and found the multiple victim allegations true. The court sentenced defendant to consecutive terms of 15 years to…