People v. Ruiz CA5

INTRODUCTION

Between January 2011 and September 2015, defendant Jesus Ruiz sexually abused his stepdaughter multiple times, commencing when she was five years old. A jury convicted defendant of sexual penetration of a child under 10 years old (three counts) and oral copulation with a child under 10 years old (one count). The trial court sentenced defendant to a total term of 60 years to life in prison. On appeal, defendant contends (1) the trial court abused its discretion in denying his motion for mistrial due to the prejudice created when his ex-wife testified that she was “underage” when their relationship began, and (2) we should remand for resentencing because the trial court failed to exercise discretion when it imposed consecutive sentences on all counts because it erroneously believed consecutive sentences were mandatory. We disagree and affirm.

PROCEDURAL BACKGROUND

Originally charged by complaint, defendant was held to answer after his preliminary hearing on August 16, 2018. On August 31, 2018, the Merced County District Attorney filed an information charging defendant with four counts of engaging in oral copulation or sexual penetration with a child 10 years old or…