P. v. Reyes
Filed 2/23/06 P. v. Reyes CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. JOAQUIN S. REYES, Defendant and Appellant. | B181020 (Los Angeles County Super. Ct. No. KA067579) |
APPEAL from an order of the Superior Court of Los Angeles County, Charles E. Horan, Judge. Affirmed.
Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kenneth C. Byrne, and Deborah H. Chuang, Deputy Attorneys General, for Plaintiff and Respondent.
I. INTRODUCTION
Defendant, Joaquin Serrano Reyes, appeals from his convictions for 9 counts of lewd act upon a child under age 14 (Pen. Code,[1] § 288, subd. (a)) and the jurors' findings that he was previously convicted of a serious felony and served 3 prior prison terms. (§§ 667, subds. (a)(1), (b)-(i), 667.5, subd. (b), 1170.12.) Defendant argues the trial court improperly: denied his request for appointment of a medical professional to testify concerning deoxyribonucleic acid; failed to conduct a section 1368 competency hearing; failed to conduct a substitution of counsel hearing; failed to conduct an adequate inquiry concerning defendant's self-representation request; and imposed an unconstitutional sentence as to count 1.
II. FACTUAL BACKGROUND
The victim, identified as Jane Doe at trial, was born on September 5, 1990. In July 2004, Jane lived in a three-bedroom house in Azusa with her parents, brother, and three sisters. Jane's parents slept in their own bedroom. Jane's older sister was Rose. The two children of Rose shared a bedroom with her brother, Peter. Jane's sister, Dora, and a boyfriend, Robert, slept in the living room. Jane shared a bedroom with two sisters, Wendy and Esther. But Jane sometimes slept in the living room. Defendant, who was Jane's father's younger brother, slept at the family residence whenever he drank alcohol, which was approximately twice a week.
On July 1, 2004, a reception after Jane's grandmother's death was held in La Puente. Later that day, a party was held at Jane's home. Defendant was present at the party. At approximately 9 or 10 p.m., defendant pulled Jane into a dark bathroom as she came out of her bedroom. Defendant began touching or rubbing Jane on her shoulders, â€
