People v. Granados CA4/1


Filed 6/20/22 P. v. Granados CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D079887 Plaintiff and Respondent, v. (Super. Ct. No. MCR060141) OSCAR GARITA GRANADOS, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Madera County, Joseph A. Soldani, Judge. Affirmed. Janet J. Gray, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez, and Kelly E. LeBel, Deputy Attorneys General, for Plaintiff and Respondent. When seven-year-old Alyson Doe told her aunt Paloma M. that her grandfather Oscar Garita Granados had touched her private parts, Paloma reported the information to Alyson’s mother, Karina Doe. Karina reached out to family members, including her older half-sister, Elisa Doe, and a younger half-sister, Elsie Doe, to ask if they had any experiences of sexual abuse by Granados. Karina herself recalled being molested by Granados when she was young, but she had suppressed the memories before she learned about Alyson. Elisa and Elsie both reported that they, too, had been inappropriately touched by Granados. Karina reported the incident to police, who investigated the allegations. The People filed an information against Granados, alleging he committed lewd and lascivious acts upon three victims, Elisa, Karina, and Alyson, each under the age of 14 (Pen. Code,1 § 288, subd. (a)). Granados was also charged with a special allegation for sexual acts against multiple victims (§ 667.61, subds. (a) & (d) [Alyson]; subds. (b) & (e) [Elisa]). The information also alleged three or more acts of substantial sexual conduct and three and more acts violating section 288 against a fourth victim with whom he resided, Elsie, who was under the age of 14 at the time (§§ 288.5, subd. (a); 1203.066, subd. (b)). At trial, the People introduced, among other evidence, transcripts and videos of Granados’s interrogation interviews, testimony by Paloma about Alyson reporting the molestation to her, and evidence of prior, uncharged acts committed against Elisa. The jury acquitted Granados on two counts, the charges brought relating to Karina and Elsie. But it convicted Granados on the charges relating to Elisa and Alyson, and the jury found the special allegation of multiple victims true. 1 Further statutory references are to the Penal Code, unless otherwise specified. 2 The court sentenced Granados to 15 years to life for his crimes against Elisa and 25 years to life for his crimes against Alyson, for an aggregate prison term of 40 years to life. On appeal, Granados challenges (1) the charges relating to Elisa, contending they are barred by the statute of limitations. He also challenges (2) the …

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