People v. Altamiran CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural history In October 2019, the Santa Clara County District Attorney filed an information charging Altamiran with sexual penetration by force or fear (§ 289, subd. (a)(1)(A); count 1) and the lesser included offense of assault with the intent to commit a specified felony (§ 220, subd. (a)(1); count 2). On December 9, 2019, a jury found Altamiran guilty of count 1, sexual penetration of Jane Doe by use of force or fear.2 On December 1, 2020, the trial court sentenced Altamiran to the middle term of six years. The trial court waived various fines, fees, and assessments pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157. Altamiran timely appealed. B. Trial 1. Prosecution evidence a. Doe’s testimony and police investigation On the morning of September 19, 2019, Jane Doe was walking her dog past a residential townhouse complex in San Jose. While walking near a grassy area, she noticed a man, later identified as Altamiran, standing beneath a tree looking at his cellphone. Doe continued walking, but less than a minute later sensed someone behind her. With her earbuds in, Doe could not hear very well so she turned around and saw…