Description: Riverside, California criminal defense lawyer represented the Defendant charged with multiple sex crimes.

In March 2023, the People filed an information charging Sanchez with 12 counts of aggravated sexual assault by force, violence, duress, menace, or fear of immediate and unlawful bodily injury upon a child under the age of 14 and more than seven years younger than himself (Pen. Code, § 269, subds. (a)(4) &(5); unlabeled statutory citations refer to the Penal Code), 10 counts of lewd or lascivious acts by force, violence, duress, menace, or fear of immediate and unlawful bodily injury upon a child under the age of 14 (§ 288, subd. (b)(1)), and one count of lewd or lascivious acts upon a 14- or 15-year-old child more than 10 years younger than himself (§ 288, subd. (c)(1)).

At the trial in December 2023, Doe testified that Sanchez sexually abused her every week for a period of approximately four years. Doe testified that the abuse began when she was 10 or 11 years old. Sanchez would touch her "[t]wo or three times a week." After she entered high school and had to stay home because of the COVID-19 pandemic, Sanchez abused her every Monday while her mother was at work.

Sanchez kissed Doe, and he would "touch [her] private areas" beneath her underwear. Sanchez put his penis inside of her mouth and "cup[ped her] breasts or put his fingers inside [of her]." On one occasion, Sanchez "put his finger in [her] anus." He masturbated in front of her and ejaculated into the toilet. As Doe's body developed, he touched her chest, licked her nipples, and put his fingers inside of her vagina.

Sanchez would tell Doe that she was gaining weight and that he would only "'take [her] to go eat'" if she would let him touch her. She sometimes refused to eat and would get so weak that she "would pass out all the time." Sanchez would hold her wrists back near her head while he penetrated her with his fingers. Occasionally, Doe tried to push Sanchez off of her, but he would insist and say, "'[c]ome on'" and "'[y]ou know you want to.'" Sanchez told Doe that she would be sent to live with her father and that she would not see her brothers as often if that happened. He told her no one would believe her if she told anyone about the abuse.

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Legal issue Was the defendant's conviction of multiple sex crimes against a minor supported by substantial evidence, and was the sentencing legally appropriate?
Headnote

CRIMINAL LAW. SEXUAL OFFENSES AGAINST MINORS. The case involves an appeal by the defendant who was convicted of multiple sex crimes against his stepdaughter, raising issues about the sufficiency of evidence, the admissibility and instruction related to child sexual abuse accommodation syndrome evidence, and the procedural correctness in jury instructions and sentencing under California Penal Code.

CRIMINAL PROCEDURE. INDEPENDENT REVIEW UNDER WENDE. The court conducted an independent review of the record pursuant to People v. Wende and found no arguable error that could result in a more favorable outcome for the defendant, thereby affirming the trial court's decision.

EVIDENCE LAW. ADMISSIBILITY AND JURY INSTRUCTIONS. The appeal questioned the evidentiary admission and jury instructions regarding child sexual abuse accommodation syndrome and uncharged conduct, assessing whether the court instructions adhered to proper legal standards.

Key Phrases Sex crimes conviction. Aggravated sexual assault. Lewd acts by force. Burden of proof. Sentencing hearing.

Outcome: Affirmed

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Defendant's Experts:

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