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P. v. Menchaca

P. v. Menchaca
08:04:2006

P. v. Menchaca



Filed 8/1/06 P. v. Menchaca CA1/4








NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



FIRST APPELLATE DISTRICT



DIVISION FOUR










THE PEOPLE,


Plaintiff and Respondent,


v.


JOSE MENCHACA,


Defendant and Appellant.



A110806


(Alameda County


Super. Ct. No. H36553)



Jose Menchaca appeals from a judgment of conviction upon a jury verdict finding him guilty of committing a lewd act upon a child in violation of Penal Code section 288, subdivision (a). The jury also found that defendant engaged in substantial sexual conduct within the meaning of Penal Code section 1203.066, subdivision (a)(8). Defendant contends that the victim's statements to his mother were inadmissible under Crawford v. Washington (2004) 541 U.S. 36 (Crawford). We affirm.


I. FACTS


Christopher was born in August 1999. In December 1999, Olga, Christopher's mother, placed him in the daycare home of defendant and Avelina Menchaca in Fremont. Avelina was the primary caregiver, but defendant also helped with daycare services. Christopher was regularly in defendant's home for daycare except for a four- to six-week period in late 2000 to early 2001 and an eight-month period following Olga's layoff from work in December 2001. Avelina and defendant also took care of other children in their home during the period Christopher was in their care.


On January 29, 2003, at approximately 9:00 a.m., Olga dropped off Christopher at defendant's home for daycare. Christopher was wearing a gray Cal Bears sweatshirt and gray sweatpants. Defendant was the only adult present in the home at the time. Olga left yogurt and fruit for Christopher's snack. Olga picked up Christopher from defendant's home at about 6:30 p.m. He was wearing the same clothes. They went directly home. After they arrived, Olga started to prepare dinner and opened the refrigerator. Christopher was next to her. Christopher saw a yogurt in the refrigerator and said loudly in Spanish, â€





Description Appeal from a judgment of conviction upon a jury verdict finding appellant guilty of committing a lewd act upon a child in violation of Penal Code section 288, subdivision (a). The jury also found that defendant engaged in substantial sexual conduct within the meaning of Penal Code section 1203.066, subdivision (a)(8). Defendant contends that the victim's statements to his mother were inadmissible under Crawford v. Washington (2004) 541 U.S. 36 (Crawford). Court affirm.
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