State v. Garcia

2025 UT App 119
CourtCourt of Appeals of Utah
DecidedAugust 7, 2025
DocketCase No. 20231072-CA
StatusPublished
Cited by2 cases

This text of 2025 UT App 119 (State v. Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Garcia, 2025 UT App 119 (Utah Ct. App. 2025).

Opinion

2025 UT App 119

THE UTAH COURT OF APPEALS

STATE OF UTAH, Appellee, v. RODOLFO GARCIA, Appellant.

Opinion No. 20231072-CA Filed August 7, 2025

Third District Court, Salt Lake Department The Honorable Heather Brereton No. 211911916

Nathalie S. Skibine, Attorney for Appellant Derek E. Brown and Natalie M. Edmundson, Attorneys for Appellee

JUDGE AMY J. OLIVER authored this Opinion, in which JUDGES MICHELE M. CHRISTIANSEN FORSTER and JOHN D. LUTHY concurred.

OLIVER, Judge:

¶1 Rodolfo Garcia appeals his convictions on six counts of aggravated sexual abuse of a child and one count of enticing a minor. First, Garcia argues that the district court erred in denying his motion for a directed verdict on two of the counts of aggravated sexual abuse of a child because there was insufficient evidence to convict him. Second, Garcia argues the district court erred when it admitted expert testimony that addressed the factors that play into delayed reporting of child sexual abuse. Finally, Garcia asserts it was plain error for the district court to inform the jury of the offense classifications of the charges against him. We affirm Garcia’s convictions. State v. Garcia

BACKGROUND 1

¶2 When Alexis and Mila 2 were in elementary school, their mother’s (Mother) boyfriend, Garcia, began living with them. Mother later married Garcia after becoming pregnant with their son. Eventually, Alexis and Mila began to see Garcia as a father figure and called him “apa,” “an abbreviation of dad in Spanish.”

The Abuse

¶3 Within a year of moving in with their family, Garcia began sexually abusing Alexis and Mila. His abuse continued for years. Even though Alexis and Mila told Mother about some of Garcia’s conduct, the behavior continued.

¶4 Alexis. Garcia began slapping Alexis’s buttocks around the time he married Mother. Garcia would smack Alexis’s buttocks when she would walk past him or any other time he “had a chance to.” Alexis did not think much of it at first because she was “little,” and she thought it was just “a weird quirky trait” because his family said it was “what he always did.” As Alexis got older, Garcia began making comments when he slapped her buttocks, such as “It’s getting bigger. Your butt’s getting bigger” or “Your butt looks good in those jeans.” When Alexis told Garcia to stop, it would “evolve into a fight” and Garcia would ignore her for days or weeks. Alexis told Mother about the buttocks slapping, and Mother’s advice was for Alexis to avoid putting herself in situations where Garcia could slap her buttocks.

1. On appeal from a jury verdict, “we review the record facts in a light most favorable to the jury’s verdict and recite the facts accordingly, and we present conflicting evidence only as necessary to understand issues raised on appeal.” State v. Herrera, 2025 UT App 1, n.2, 563 P.3d 416.

2. Alexis and Mila are pseudonyms.

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¶5 When Alexis was in fifth grade, Garcia also started flicking her breasts over her clothes around twice a week. When he flicked her breasts, Garcia would make comments, such as “They’re growing” or “They’re getting bigger.”

¶6 Garcia also touched Alexis’s vagina with his hand under her clothes on multiple occasions. 3 Garcia first touched her vagina when she was in third or fourth grade and watching television on the couch in the living room while Mother was on a trip to Mexico. The second time occurred when Alexis was in fourth or fifth grade. Alexis woke up to Garcia entering the bedroom she shared with Mila. Alexis got up, and Garcia put his hand under her pajamas and touched her vagina. Garcia continued to enter her room at night and touch her vagina under her clothes “sporadic[ally],” “[w]henever . . . he wanted to.”

¶7 Garcia’s conduct “felt wrong” to Alexis, but she did not know it was wrong until she took a sex education class at school. Alexis told a friend in middle school about Garcia’s conduct, but her friend did not believe her. Alexis did not tell Mila about Garcia’s conduct because it was “very obvious” that Garcia and Mila were close and she did not know if Mila would believe her. She did not disclose the abuse to Mother right away because she did not want to “crush” Mother’s dream of having a family and her own dream of having a father.

¶8 Mila. Garcia also slapped Mila’s buttocks almost “everyday” for the “whole time that he was a part of [their] family.” Garcia repeatedly made sexualized comments when he slapped Mila’s buttocks, such as “Oh, you’re thick.” He would also smack her buttocks when she did something good or played

3. Because the details of these allegations of abuse are not necessary to our determination of the legal issues raised on appeal, we include only an abbreviated version of the facts sufficient to provide context to the reader.

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well in a soccer game. The buttocks slapping made Mila uncomfortable, and she told Mother “to try and talk to him to get it to stop.” After Mother talked to Garcia, he would stop slapping Mila’s buttocks for a period of time but ultimately would start doing it again. On one particular occasion, to try to get Garcia to stop slapping her buttocks, Mila put a metal bracelet in her right back pocket. When Garcia slapped Mila’s buttocks, he felt the bracelet and asked her “[w]hy [she had] that in there.”

¶9 Garcia also sent Mila several inappropriate text messages that made her feel “very uncomfortable.” When she was eleven years old, Garcia sent her a text that said, “Goodbye my heaven. I hope you dream with the little angels. You’ll tell me tomorrow how I look naked,” which Mila took to mean that if she saw Garcia in her dreams, he would be naked, and she should tell him he looked good. Mila told Mother about the text message, but nothing changed. Two years later, Mila received texts from Garcia that said, “Hey, don’t be mean. When you’re touching your little parts don’t moan so much. You just make me horny,” and, “[N]ext time, invite me so that we can at least finish at the same time.” Mila also told Mother about these texts and asked her to do something, but again nothing changed.

The Reporting

¶10 When Alexis was fourteen, she began skipping school. Her school called Mother, who was upset and anticipated a negative reaction from Garcia once she told him Alexis had been skipping class. Alexis explained that she skipped class because she was stressed about school and “stressed about having to go home and fix things with [Garcia],” and she did not even “want to look at him.” When Mother asked why Alexis did not want to look at Garcia, Alexis told her that Garcia “touched [her] multiple times.”

¶11 Mother then picked up Mila from school “in case [Garcia] did something to her as well,” and immediately reported the alleged touching to police. Both Alexis and Mila gave statements

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to the police, and a detective (Detective) interviewed both girls at the Children’s Justice Center.

¶12 Detective also interviewed Garcia. Garcia denied touching Alexis’s vagina, but he admitted slapping Alexis and Mila on the buttocks, even though Mother thought it was inappropriate. Garcia stated he loved his stepdaughters, saw them as his own daughters, and did not feel the buttocks slapping was inappropriate because “it was just like slapping his son on the butt” or like what he did with his sport teammates. When asked about the text messages he sent to Mila, Garcia said he intended to “scare” her into talking to Mother about masturbation. Garcia was later charged with six counts of aggravated sexual abuse of a child, all first-degree felonies, and one count of enticing a minor, a second-degree felony.

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2025 UT App 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garcia-utahctapp-2025.