People v. Gonzalez CA4/3
G063481M
| Cal. Ct. App. | Oct 4, 2024Background
- Vicente Garcia Gonzalez was convicted by a jury of six counts of forcible lewd acts on a child under 14 (Penal Code §288(b)(1)) and one count of a lewd act on a child 14 or 15, all involving Jane Doe.
- Gonzalez was the live-in boyfriend of Jane Doe’s mother and began molesting Jane Doe when she was seven or eight years old, continuing through her adolescence until age 14.
- Jane Doe initially believed a "monster" was touching her at night but later identified Gonzalez as the perpetrator and described consistent molestation despite her eventual resistance.
- At trial, Gonzalez challenged the legal sufficiency of evidence for force or duress in all counts, the sufficiency of Jane Doe’s age in counts 1 and 2, alleged prosecutorial error in closing arguments, and the imposition of mandatory court assessments unpronounced at sentencing.
- The Court of Appeal affirmed most convictions, but found insufficient evidence of force or duress for count 1, modified that count to a lesser offense, and remanded for resentencing and proper imposition of assessments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial error in closing argument | Conduct was proper and based on evidence | Prosecutor improperly referred to defendant as "monster" and misstated law | No error; comments were supported by record |
| Sufficiency of force/duress for counts 1-6 | Evidence showed force and duress used | Evidence did not show required level of force or duress, especially for count 1 | Sufficient for counts 2-6; insufficient for count 1 |
| Sufficiency of evidence as to victim's age | Jane Doe's testimony established ages | Victim's statements showed confusion on age, contradicting other evidence | Victim’s testimony sufficient; affirmed counts 1-2 |
| Unimposed court assessments | Assessments are mandatory | Not orally imposed at sentencing; should be stricken or allow objection on remand | Assessments struck; may be imposed on remand |
Key Cases Cited
- People v. Soto, 51 Cal.4th 229 (Cal. 2011) (defines "force" under §288(b)(1) as substantially different or greater than that inherent in the act)
- People v. Leal, 33 Cal.4th 999 (Cal. 2004) (defines "duress" for lewd acts with children)
- People v. Jones, 51 Cal.3d 294 (Cal. 1990) (generic testimony can suffice for repeated molestation acts)
- People v. Ramirez, 13 Cal.5th 997 (Cal. 2022) (victim's testimony alone can be sufficient for conviction)
- People v. Costella, 11 Cal.App.5th 1 (Cal. Ct. App. 2017) (oral pronouncement at sentencing controls over minute order/abstract)