P. v. Aldama

Filed 5/1/06 P. v. Aldama CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Defendant Carlos Cruz Aldama appeals from a judgment entered after a jury found him guilty of three counts of forcible rape (Penal Code § 261, subd. (a)(2) [counts 1,4, 6])[1], two counts of forcible sexual penetration (§ 289, subd. (a)(1) [counts 2, 7]), one count of assault with intent to commit a felony (§ 220 [count 3]), one count of forcible oral copulation (§ 288a, subd. (c)(2) [count 5]), one count of concealing or withholding stolen property (§ 496, subd. (a) [count 8]) one count of first degree burglary (§§ 459-460, subd. (a) [count 9]), one count of possession of methamphetamine (Health and Saf. Code § 11377, subd. (a) [count 10]), and one count of being under the influence of methamphetamine (Health and Saf. Code § 11550, subd. (a) [count 11].) The One Strike allegation pursuant to section 667.61 was found to be true and defendant admitted two strike priors, a prior prison term and a prior serious felony allegation. After denying the defendant's Romero motion, the court sentenced defendant to 450 years to life in prison, consecutive to 40 years, and ordered him to pay multiple fines. Defendant filed a timely notice of appeal. On appeal, defendant contends that the multiple consecutive life term sentences he received were not supported by the evidence and that the sentence imposed violates his constitutional rights pursuant to Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Finding no error, we will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Early in the morning on May 13, 2004, Evelyn Doe, the victim, was awakened by a sound in the house where she resided as a live-in caregiver to 80-year-old Marcella Kaczmarek. As she opened her eyes, she saw an unknown man, later identified as defendant, standing in her room, wearing Marcella's clothing. Defendant approached Evelyn's bed and instructed her to open her night gown so that he could touch her. He then ordered her to remove it as well as her underpants.

Defendant told Evelyn not to scream and covered her head with a comforter. First he put his fingers into her vagina, but when Evelyn complained that she couldn't breathe, defendant told her to turn around and he tried to sodomize her. When she complained of pain, he put his penis in her vagina. This continued for approximately 15 minutes and was interrupted by Marcella calling for assistance by blowing a whistle repeatedly. At first, defendant ignored the whistle, but then after repeated pleas from Evelyn, allowed her to get dressed and go to Marcella's aid.

Defendant watched Evelyn the entire time she was in Marcella's room. After some time, the defendant ordered Evelyn to come out of the room and return to her own room. Once back in Evelyn's bedroom, defendant again ordered her to lie face down on the bed. He then raped her again. After approximately 15 minutes, he ordered Evelyn to get up and get her clothes; but when she could not find them, he told her to leave her room naked.

Defendant then forced Evelyn into the backyard through the kitchen door. He handed her some clothes and told her to lay them on the ground and to lie down on her back. He forced her to orally copulate him and then raped her once again, this time with a condom. After defendant had an orgasm, he instructed Evelyn to go inside and take a shower.

Defendant followed Evelyn into the bathroom with a bottle of hand sanitizer and told her he was going to â€