Fear Not Law Articles: P. v. Asencio

P. v. Asencio

Filed 2/21/07 P. v. Asencio CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THE PEOPLE,

Plaintiff and Respondent,

JOSE ROBERTO ASENCIO,

Defendant and Appellant.

B189496

(Los Angeles County

Super. Ct. No. NA066791)

APPEAL from a judgment of the Superior Court of Los Angeles County,

Tomson T. Ong, Judge. Affirmed in part, reversed in part and remanded with directions.

Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Stephanie C. Brenan and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

__________________________

Jose Roberto Asencio appeals from the judgment entered after a jury convicted him of multiple counts of child molestation. Asencio contends the evidence of force or duress was insufficient to support his convictions of committing a forcible lewd act upon a child under the age of 14 years. We agree, and reverse his convictions on those counts and remand for resentencing on the lesser included convictions of committing a lewd act upon a child under the age of 14 years.[1]

FACTUAL AND PROCEDURAL BACKGROUND

1. The Charges

Asencio was charged by information with four counts: two counts of aggravated sexual assault of a child (Pen. Code, § 269, subd. (a))[2] (counts 1 and 2[3]); and two counts of forcible lewd act upon a child under the age of 14 years (§ 288, subd. (b)(1) (counts 3 and 4). The information specially alleged as to each count that Asencio had inflicted great bodily injury under section 12022.8.

2. Summary of the Evidence Presented at Trial

a. The Prosecution Evidence

In July 2005, then six-year-old Kimberly G. lived with her family in Long Beach. Her house had a separate, partially converted garage where Asencio had been residing for several months. Asencio, known to Kimberly G. as â€

Description	Defendant appeals from the judgment entered after a jury convicted him of multiple counts of child molestation. Asencio contends the evidence of force or duress was insufficient to support his convictions of committing a forcible lewd act upon a child under the age of 14 years. Court agree, and reverse his convictions on those counts and remand for resentencing on the lesser included convictions of committing a lewd act upon a child under the age of 14 years.
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