P. v. Salazar





Filed 4/26/11 P. v. Salazar CA4/3





NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. ISAIAS CAMACHO SALAZAR, Defendant and Appellant.

G043031 (Super. Ct. No. 07WF0920) O P I N I O N

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed as modified.
Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.
* * *
A jury convicted defendant Isaias Camacho Salazar of three counts of committing a lewd act on a child under 14 years of age (Pen. Code, § 288, subd. (a); all statutory references are to the Penal Code unless noted) and misdemeanor battery (§ 242). The jury also found true the allegation he committed the offenses against more than one victim. (§§ 667.61, subds. (a)-(e), 1203.066, subd. (a)(7).) Salazar argues the trial court violated his constitutional rights by admitting testimony from the mother of the minor victims describing their disclosure of sexual abuse. For the reasons expressed below, we modify the judgment to correct custody credits, but otherwise affirm the judgment.
I
Factual and Procedural Background
Between February 2004 and January 2005, A.M. and her common law husband, Isaias, Jr., lived in her brother-in-law Francisco's two bedroom apartment in Orange. The couple had three daughters and a son, all of whom shared the apartment with numerous paternal relatives, including her father-in-law Salazar. A.M.'s family and Salazar slept in the living room. In February 2005, A.M. and her family moved to a nearby one bedroom apartment in Garden Grove. Salazar lived with them for about two months in late 2005 or early 2006.
On October 6, 2006, A.M. celebrated her birthday with a party at their apartment. Salazar attended the party. After the other guests departed, A.M. and her husband told Salazar to spend the night because he was intoxicated and they did not want him to drive.
Salazar slept on a sofa in the living room. A.M. and her husband also slept in the living room on a floor mat. The children slept in the bedroom. A few hours after falling asleep, A.M. awoke to find Salazar touching her bare breasts and performing oral sex on her. A.M. screamed. A.M.'s husband confronted Salazar, who protested, â€