People v. Herrera CA2/6

── People v. Herrera CA2/6 ── Court: California Court of Appeal Date: June 03, 2026 Category: General Filed 6/3/26 P. v. Herrera CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B337508 (Super. Ct. No. SA105206) Plaintiff and Respondent, (Los Angeles County) v. JAVIER GOMEZ HERRERA, Defendant and Appellant. Javier Gomez Herrera appeals from the judgment after a jury convicted him of 15 offenses he committed against 11 women, most of whom were passengers in his Uber/Lyft vehicle. At trial, he conceded guilt on nine of the charged counts. He was sentenced to life with the possibility of parole after seven years on three counts plus 12 years in state prison. On appeal, Gomez Herrera raises claims of instructional error, prosecutorial misconduct, and an unconstitutional sentence. We affirm. FACTS AND PROCEDURAL HISTORY On August 27, 2021, Los Angeles County Police Detective Lesley Perkins went to an apartment in the UCLA area after one of the residents, G.S., reported that someone entered her apartment and sexually assaulted her. Detective Perkins obtained a surveillance video in which she observed a car parked near G.S.’s apartment around the time the incident occurred. The video showed the man got out of the car, entered G.S.’s apartment, and went into her bedroom for about 20 minutes. The detectives created a crime bulletin including the description of the suspect and the car, a gray Ford Fusion. Two weeks later, a UCLA police officer who was aware of the crime bulletin noticed an unoccupied car that was “running” and parked on a red curb about half a block from G.S.’s apartment. After the car began moving, the officer initiated a traffic stop, and he obtained the driver’s license. The driver was Gomez Herrera. The officer notified Detective Perkins of the encounter and sent her a picture of Gomez Herrera’s license and still images from the officer’s body camera. From this information, Detective Perkins learned that Gomez Herrera previously rented a gray Ford Fusion. Gomez Herrera was arrested a few days later. Officers found three cell phones in his car. One of the phones contained videos depicting the sexual assaults of several unconscious women. Gomez Herrera had red rashes on his right arm and freckles on his left hand above the middle finger knuckle. The hands depicted in the videos matched Gomez Herrera’s hands. Officers searched his home and found clothing matching those seen in the videos. Gomez Herrera was an Uber and Lyft driver. Detective Perkins obtained his work history to identify the 2 victims in the videos. The jury was presented with numerous videos. All the women except one testified at trial.1 Count 1 (G.S.) and count 2 (M.L.) G.S. and M.L. were roommates who shared a bedroom. In March 2021, G.S. took an Uber ride to her apartment. Gomez Herrera was her driver. Without her knowledge, he took videos of her during the ride and as she went up to her apartment. He took videos of her sleeping from outside her bedroom window. Videos from his phone showed that he returned to G.S.’s home five times from April to June 2021. On August 4, 2021, G.S. was out of town. M.L. was alone in the bedroom and fell asleep naked. Around 2:00 a.m., she woke up and noticed the bedroom door opening and a bright flashlight on her face. She saw a “middle-aged Hispanic man” in her bedroom. H