People v. Garcia

224 Cal. Rptr. 3d 911, 17 Cal. App. 5th 211
California Court of Appeal, 5th District·Decided November 14, 2017·No. A139924·Published·Cited by 8 cases

Opinion

STEWART, J.

*213Defendant Pedro G. Garcia, while staying as a guest in his sister-in-law's home, forcibly raped and sodomized his 12-year-old niece, who was also his sister-in-law's guest and family member. He was convicted by a jury of forcible sex crimes, including a forcible lewd act against a child under the age of 14 in the course of a first *914degree burglary. The burglary finding led to a statutorily mandated sentence of life without parole under the "One Strike" law and is at the crux of many of defendant's challenges. His principal argument is that the burglary finding cannot stand because he was *214an invited overnight guest in the home and bedroom where he forced himself on his young niece. The law, however, is to the contrary.

At first blush, defendant's argument has some appeal since we commonly associate burglary with strangers breaking and entering a home and not with acts by invited guests. But our burglary statute, Penal Code section 459,1 reaches beyond this common understanding to punish any entry into a home or a room within a home, so long as the person enters with the intent to commit a felony and without the authority to do so. Our case law confirms the statute's broad reach. Defendant contends this should not be the case because it is less heinous and less dangerous to commit a crime in a room of a home in which one is an overnight invitee than to commit the same crime after breaking and entering the home. Even if this were so, we would be bound by the statutory definition. But defendant's premise is also false, and demonstrates the wisdom behind the broad reach of our burglary law.

Our homes are sanctuaries, places of refuge and safety. When we invite another into our home, we trust him not to harm us or those who reside with or visit us there. The trust we repose in an invitee renders us, our family members and guests particularly vulnerable. Unlike the intruder, our invitee's presence does not engender fear, and we therefore are not on guard or prepared to protect against him. Precisely because we expect to be safe in our homes and with our invited guests, an invitee who preys on someone within our home is as dangerous and as heinous as the burglar who intrudes by picking the lock or climbing in the window. Defendant's argument that his conduct is less menacing and less blameworthy than that of the common burglar is ultimately unpersuasive. His conduct was at least as heinous and dangerous as that of an invading stranger.

Defendant makes several other arguments, including that the trial court committed prejudicial error in instructing the jury on burglary and in admitting evidence of uncharged prior sex offenses he was alleged to have committed against his niece, Jane Doe I, and another child to whom he was closely related; improperly ordered him to pay Jane Doe I $75,000 in restitution; and imposed a sentence that violates the constitutional prohibition against cruel and unusual punishment. We conclude all of his arguments lack merit. Therefore, we affirm the judgment.

BACKGROUND

In July 2013, a trial was commenced against defendant on three felony counts brought by the Contra Costa District Attorney regarding his sexual *215conduct on April 17, 2011, with Jane Doe I: aggravated rape of a child under the age of 14 and 7 or more years younger than defendant (§ 269, subd. (a)(1); count one); aggravated sodomy of a child under the age of 14 and 7 or more years younger than defendant (id. , subd. (a)(3); count two); and commission of a forcible lewd act upon and with the body of a child under the age of 14 (§ 288, subd. (b)(1); count five). Count five was accompanied by certain allegations, including the special circumstance allegation that defendant committed this forcible lewd act during the commission of a first degree burglary, exposing him to a sentence of life without the possibility of parole. *915(§ 667.61, subds. (c)(4), (d)(4) & (j)(1); § 460, subd. (a).). The record indicates defendant was 47 years old at the time of the alleged incidents.

I.

The Prosecution's Case

A. Jane Doe I's Recorded Interview

On April 28, 2011, 11 days after the incident, Jane Doe I spoke with a forensic interviewer at the Children's Interview Center (CIC) in Martinez in a video-recorded interview.2 A portion of this recording was admitted into evidence and played for the jury.

Jane Doe I told the interviewer that she was getting ready for a baby shower in an aunt's room when her uncle came into the room through an open door, closed the door and locked it. He pushed her to a bed, took off her belt and pulled down her pants almost to her knees; she had nothing on underneath. He unzipped his pants and took out his "bird." He got on top of her and "started raping" her, putting his "part" in her repeatedly, and kissing her, and she saw something white come out of his part. She tried to push him off but could not. Her aunt came to the door and knocked. When there was no answer, the aunt was able to push the poorly closed room door open and came into the room after her uncle had gotten off of her. He left the room. Her aunt told Jane Doe I she needed to talk to her.

B. Jane Doe I's Trial Testimony

Jane Doe I, who was 14 at the time of trial, testified that a little more than two years earlier, on April 17, 2011, she was at the house of her aunt, *216Esmeralda, preparing to attend a baby shower taking place next door. She was in a room of Esmeralda's house fixing her hair, with the room's door halfway open, when defendant came into the room. He was Jane Doe I's uncle by marriage to another aunt. He asked her if she had seen his son, Junior, and she said she had not. He left the room, but returned about 10 seconds later and "just started looking around if nobody was coming." He "touched [her] and stuff like that."

Jane Doe I further testified that defendant pushed her down onto a bed, pulled her pants and underwear down and began touching her legs. He then pulled down his own pants and underwear, laid down on the bed and put his penis into her vagina. Jane Doe I tried to push defendant off her with her legs, but he was too strong. He told her, "Tell it to nobody."

About five minutes after he attacked her, Jane Doe I testified, she heard Esmeralda outside the room. Defendant left the room. Jane Doe I's underwear and pants were still down by her knees when Esmeralda entered the room. Jane Doe I ran into another aunt's room. Esmeralda followed and asked her what had happened. Jane Doe I talked with her for about 10 or 15 minutes. Esmeralda told her to call her mother. The two then went next door to the baby shower.

Jane Doe I was asked at trial, "Prior to the day of the baby shower, had [defendant] ever done anything like this to you before?" She said "he did" every time she went to his home in Los Angeles when she was six years old, usually in his bedroom.

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People v. Garcia, 224 Cal. Rptr. 3d 911, 17 Cal. App. 5th 211 (Cal. Ct. App. 2017).

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