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The People v. Rodrigo Fabian Gonzalez

April 20, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RODRIGO FABIAN GONZALEZ, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F8088)

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

P. v. Gonzalez

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COPY

A jury found defendant Rodrigo Fabian Gonzalez guilty of 14 counts of committing lewd acts on a child under the age of 14, and found he had engaged in substantial sexual conduct in committing each offense. Sentenced to 32 years in prison, defendant appeals. He contends the trial court erred in running four of the subordinate terms consecutively.

We affirm.

BACKGROUND

The victim met defendant in December 2007, when the victim was 13 years old. Defendant sent the victim a friendship request on the social networking website, Myspace. Defendant knew the victim's neighbor's boyfriend and he and the victim met at the neighbor's house. They talked and the victim thought defendant seemed like a nice person.

The next day, defendant and the victim met at the neighbor's house again. They were in the garage of the residence and started kissing. Defendant then pulled the victim's penis out of his pants and orally copulated him. They then went to the living room where the victim orally copulated defendant. After that, they went to one of the bedrooms, where defendant inserted his penis in the victim's anus and ejaculated.

Thereafter, the victim began meeting defendant at the neighbor's house after school. In December 2007, defendant and the victim had sexual contact with each other "more than [10] times." On each occasion, they would kiss and orally copulate each other before defendant would insert his penis in the victim's anus.

Defendant and the victim continued to see each other in January 2008 -- sometimes at the neighbor's house, and sometimes at the victim's house. They had sexual contact with each other on approximately 30 occasions (nearly every day) in January 2008. Each time, they maintained the same pattern of sexual behavior.

The victim began seeing defendant less in February 2008 because defendant's behavior struck him as consistent with stalking. They had sexual contact with each other approximately nine times in February 2008, ...


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