P. v. Goroztieta
Filed 6/19/06 P. v. Goroztieta CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO GOROZTIETA, Defendant and Appellant. | G035458 (Super. Ct. No. 04CF0253) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, William Lee Evans, Judge. Affirmed.
Corinne S. Shulman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Kelley A. Johnson, Deputy Attorneys General, for Plaintiff and Respondent.
Francisco Goroztieta was convicted of committing three lewd acts upon a child under the age of 14 and sexually assaulting her on two other occasions. (Pen. Code, §§ 288, subd. (a), 269, subd. (a)(1).) The jury also found he engaged in substantial sexual conduct with the victim. (Id., § 1203.066, subd. (a)(8).) On appeal, Goroztieta contends the court erred in failing to instruct the jury with CALJIC No. 2.40 that good character evidence could raise a reasonable doubt as to his guilt. We disagree and affirm the judgment.
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Between 1996 and 2004, Goroztieta lived with Y.M. and often looked after her two daughters. When the oldest daughter was seven years old, Goroztieta fondled her private parts over her clothing on several occasions. When she was nine, he would touch her breasts and put his fingers in her vagina. And when she turned ten, he began having sexual intercourse with her. He also made her watch adult movies and orally copulate him.
Goroztieta testified he never touched Y. M.'s daughters inappropriately.[1] He also called several witnesses who testified he was an honest person. Two of those witnesses, Goroztieta's aunt Marta Alicia Camacho Garcia and his former roommate Bilibando Limon, said they never saw Goroztieta engage in inappropriate sexual conduct with children.
Based upon this later testimony, the defense requested the court give CALJIC No. 2.40, which provides: â€
