(Super. Ct. No. SF114305A)
The opinion of the court was delivered by: Hull , Acting P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 found defendant Jesus Palacio Angeles guilty of continuous sexual abuse of A. Doe (Pen. Code, § 288.5, subd. (a)--count one; unless otherwise set forth, all statutory references are to the Penal Code), four counts of lewd acts upon A. Doe, age 14 years (§ 288, subd. (c)--counts two through five), two counts of forcible rape of A. Doe (§ 261, subd. (a)(2)--counts six & seven), and two counts of forcible rape of J. Doe (counts eight & nine). As to counts one and six through nine, the jury found defendant committed offenses against more than one victim within the meaning of section 667.61, subdivision (e)(4). Defendant was sentenced to prison for 75 years to life, consisting of consecutive terms of 15 years to life on counts one and six through nine. Concurrent low terms of one year each were imposed on counts two through five. Defendant was awarded 248 days' custody credit and zero days' conduct credit. He was ordered to pay various fines and fees, make restitution to the Victims Compensation Claims Board, and pay $1,850 restitution to the Stockton Police Department for the cost of medical examinations of the victims.
Defendant contends, and the People concede, (1) the concurrent sentences on counts two and three must be stayed pursuant to section 654, and (2) defendant is entitled to additional custody and conduct credit. Defendant further contends the order for restitution to the Stockton Police Department must be stricken. We modify the judgment.
The facts of counts eight and nine, involving victim J. Doe, are not at issue and need not be set forth in this opinion.
A. Doe was born in Stockton in August 1995. In March 2010, she lived there with her mother, two brothers, stepsisters J. Doe and F., and her stepfather, defendant.
Defendant has sexually abused A. Doe since she was age 10. The abuse occurred in his bedroom and included acts of sexual intercourse. The first incident was painful. A second incident occurred approximately one week later. During the four years that followed, the abuse escalated from once per week to several times per day.
Defendant sometimes restrained A. Doe by placing his hands on her shoulder. On other occasions he would "tell [her] something that was going to happen." Defendant told A. Doe that, if she ever reported the abuse, defendant would leave her mother, who would be miserable; and A. Doe's brothers would miss their father. A. Doe asked defendant if their sexual activity was wrong, and he said it was not wrong.
As a matter of routine, defendant would "put [his ejaculated sperm] in a red towel," which he also used to wipe A. Doe's vagina. He kept the towel under the bed. At times, they would have intercourse while she was menstruating. On multiple occasions, he had her put her mouth on his penis. He occasionally watched pornographic movies during the sexual activity.
The sexual abuse left A. Doe both emotionally and physically hurt. In early 2010, she learned it was wrong to commit adultery. She reported the sexual activity to her priest, who encouraged her to tell someone. She later told a friend at school, who also told her the activity was wrong. A. ...