P. v. Gutierrez
Filed
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, H029944
Plaintiff and Respondent, (
Superior Court
v. No. CC267261)
MANUEL S. GUTIERREZ,
Defendant and Appellant.
_____________________________________/
Defendant Manuel S. Gutierrez appeals from a judgment of conviction entered after he pleaded guilty to three counts of lewd or lascivious conduct with a child under the age of 14 (Pen. Code, § 288, subd. (a))[1] and one count of continuous sexual abuse of a child under the age of 14 (§ 288.5, subd. (a)).[2] Defendant also admitted the allegation that he committed the offenses against more than one victim (§§ 1203.066, subd. (a)(7), 667.61, subds. (b), (e)). The trial court sentenced defendant to a total term of 15 years to life. After defendant appealed from his judgment of conviction, this court found that the trial court erred in concluding that its only sentencing options were probation or a life sentence and reversed the judgment. On remand, the trial court sentenced defendant to 18 years in state prison. On appeal, defendant contends that the trial court violated his due process rights when it declined to hear from the victims at the resentencing hearing. For the reasons stated below, we affirm.
I. Factual and Procedural Background
A. The Charged Offenses
In November 2002, Jane Doe I, who was then 13 years old, told her mother that defendant, her father, molested her on two occasions. When she was 10 years old, he touched her outside her clothing. The previous year, he had placed his hand under her shirt. Jane Doe II, Jane Doe's sister, reported that defendant sexually molested her approximately six times. When Jane Doe II was 13 years old, defendant touched her inappropriately both outside and inside her pants. When she was 10 years old, he touched her under her shirt. Jane Doe II explained that she was too scared to tell anyone.
The girls reported defendant's conduct to their mother, who was divorced from him. They and their mother then confronted defendant. Defendant's family persuaded the girls' mother not to contact the police. Defendant initially denied any wrongdoing, but later admitted that he was a â€
