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The People v. Stanislav Zavorotnyy

May 24, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
STANISLAV ZAVOROTNYY, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F03355)

The opinion of the court was delivered by: Raye, P. J.

P. v. Zavorotnyy

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant of five counts of a lewd or lascivious act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)). Sentenced to 14 years in prison, he appeals. Defendant contends there was insufficient evidence to support counts three and four because the sole evidence of these counts was admitted under the fresh complaint doctrine and could not be used to prove the crimes. He further contends the trial court erred in admitting evidence that defendant told his victim he had done the same to another girl and that defendant physically abused his wife. We find no error and affirm.

FACTS

The victim's family moved to the United States from Moldova in 1999. The family consisted of a father, mother, and five children. The oldest child is Yana and the youngest is the victim, who was four or five years old when the molestation began. Yana married defendant in 2003 when she was 18. The family is very religious and close to their Russian religious community.

Defendant and Yana lived on the same street as the victim's family, and the victim visited them about every other day. During this time, defendant committed lewd acts on the victim at least five times. On one occasion, defendant brought the victim into his bedroom, told her to take off her pants, and put her on the bed on all fours, "like . . . a dog." He licked her "p."*fn1 She told him to stop and he did (count one). Defendant told her not to tell anyone.

This same conduct occurred on another occasion when the victim had a friend over and they were on the computer. Defendant took her to the bedroom, told her to take her pants off, and again put her on her hands and knees. He started licking her "p" and continued even after she asked him to stop (count two).

Another time, while Yana was in the kitchen, defendant told the victim to lick his "p." She said no, but defendant begged and she licked it once (count five).

In 2005 the victim told her cousins that defendant was molesting her. Her parents and Yana questioned the victim about the molestation. At first, the victim was shy, scared, and reluctant to talk about it. Eventually, however, she gave a full, detailed description of what defendant did to her.

Yana confronted defendant about the molestation. Initially, he denied it, but two days later he admitted it was true and promised not to do it again. He also threatened to kill himself.

Yana told her mother defendant had admitted the molestation. The victim's parents held a family meeting. Defendant apologized to the family and to God. They prayed and read the Bible. Following their religious teachings, the family forgave defendant and did not call the police. Yana did not divorce defendant as ...


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