People v. Perez CA3

── People v. Perez CA3 ── Court: California Court of Appeal Date: May 28, 2026 Category: General Filed 5/28/26 P. v. Perez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) THE PEOPLE, C101306 Plaintiff and Respondent, (Super. Ct. No. LOD-CR-FE- v. 2023-0001646) IVAN CISNEROS PEREZ, Defendant and Appellant. Following a jury trial, Defendant Ivan Cisneros Perez was convicted of several sex offenses. He now contends the trial court prejudicially erred in failing to instruct the jury on character evidence pursuant to CALCRIM No. 350. We find no error and thus affirm. BACKGROUND For purposes of the instant appeal, it suffices to summarize the facts as follows. Perez was disabled; he used a wheelchair, was unable to make his own meals, and did not work. He lived with different relatives at different times. Many of these relatives had young children living in the home during his stay. One of Perez’s aunts was a stay-at-home mother with two daughters including Johanna. Perez lived in his aunt’s home for more than two years, and he was still living there as of May 18, 2019. Perez slept on a living room couch, but he had his clothes in Johanna’s bedroom. Perez spent time at the house playing video games and watching 1 movies. There were times when Perez was alone at home with Johanna. By the time Johanna was 11 years old, Perez had repeatedly touched her inappropriately. Perez also lived with another aunt and her family for some period of time in 2013 and again in 2017. This second aunt had two daughters: Maria and Michelle. Maria and Michelle spent time alone with Perez; they liked to watch movies together. When Maria was between nine and 12 years old, Perez repeatedly touched her inappropriately. Sometime around 2017, when Michelle was not more than eight years old, Perez touched her inappropriately. Perez testified in his own defense and denied the allegations against him. Several family members also testified on his behalf. A cousin testified that Perez lived with her from 2013 until 2015, then lived there again during the summer of 2017 and for one month at the end of 2019. This cousin never saw anything between Perez and Maria and Michelle that caused her to worry; they played video games and joked with each other. In 2017, the cousin’s stepdaughters visited for the summer and lived with her and Perez. The stepdaughters were nine and 15 at the time. The stepdaughters were also there in 2019. The cousin never saw anything between Perez and her stepdaughters that caused her concern or to think Perez might be doing anything inappropriate. There were times Perez was alone with both of the stepdaughters. Each stepdaughter testified that Perez never did anything inappropriate or that made her feel uncomfortable with him. Neither girl was ever individually alone with Perez. Perez lived with his brother from 2012 to 2013, again from 2015 to 2017, and the last time from 2018 to October 2019. His brother’s daughter was about eight or nine years old in 2013. His brother never saw anything between Perez and the brother’s daughter that caused him concern. The daughter testified Perez lived with her family off and on whe