People v. Casimiro CA5

STATEMENT OF THE CASE

An information charged Casimiro with aggravated sexual assault of a child by rape (§§ 269, subd. (a)(1), 261, subd. (a)(2); count 1), forcible sexual penetration of a child under age 14 (§ 289, subd. (a)(1)(B); count 2), and forcible lewd acts on a child under age 14 (§ 288, subd. (b)(1); count 3). Casimiro’s first trial ended in a mistrial, but the jury in the second trial convicted him of the charged offenses. The court sentenced him to the upper term of 12 years on count 2, plus the upper term of 10 years on count 3 to run consecutively to the term imposed on count 2, for a total determinate term of 22 years. The court also sentenced him to an indeterminate term of 15 years to life in count 1.

FACTS

I. Prosecution’s case

In February 2016, when she was 13 years old, F. moved from Mexico to the United States to live with her aunt and uncle in Madera. Within days of moving into her aunt’s apartment, she got a job as an agricultural worker, working with her aunt and uncle at a place where Casimiro was the foreman. Casimiro was born in 1984 and lived in the apartment next door to F.’s aunt and uncle. He sometimes grabbed and hugged F. at work, and he…