Zepeda

People v. Zepeda

Good Law
236 Cal. Rptr. 3d 780·26 Cal. App. 5th 211
Court of Appeal of CaliforniaJuly 16, 2018A146679California2,464 words

Opinion

lead Opinion

Schulman, J.

*781 *212 Defendant Julio Cesar Olivera Zepeda appeals a judgment entered upon a jury verdict finding him guilty of aggravated sexual *213 assault of a child ( Pen. Code, 1 § 269, subd. (a)(4) ), forcible lewd acts on a child (§ 288, subd. (b)(1) ), and continuous sexual abuse of a child (§ 288.5). He contends the evidence is insufficient to support a finding that he committed four of the crimes through force, violence, fear, or duress, and that the trial court erred in instructing the jury as to another of the counts. We shall affirm the judgment.

I. BACKGROUND

Defendant was the stepfather of the victim of his crimes (Minor). He and Minor's mother (Mother) married in 2009. The events in question took place in late 2013 and early 2014, when Minor was 10 and 11 years old.

Defendant was about 5 feet 11 inches or six feet tall, and weighed approximately 200 pounds. Minor was approximately four and a half feet tall and weighed 80 or 90 pounds.

Minor's Testimony at Trial

Minor shared a bedroom with her younger sister (Sister), and defendant shared a bedroom with Minor's mother (Mother).

One night, while Mother was in the shower and Sister was in bed, Minor was on a small couch…

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