People v. Farias CA2/8

INTRODUCTION

This case is before us again on remand from the California Supreme Court. Martin Farias appealed from his judgment of conviction of three counts of lewd act upon a child under the age of 14 (Pen. Code,1 § 288, subd. (a)), and one count of oral copulation or sexual penetration of a child 10 years old or younger (§ 288.7, subd (b)). On appeal, Farias contended: (1) the charging information did not provide adequate notice that he was subject to three 25-year-to-life terms under the “One Strike” law (§ 667.61); (2) the trial court erred in admitting expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS); (3) the trial court erred in instructing the jury on CSAAS evidence with CALCRIM No. 1193; (4) Farias’s total sentence of 90 years to life constituted cruel and unusual punishment; and (5) the abstract of judgment did not accurately reflect his presentence custody credit. In our original opinion, we concluded that the abstract of judgment did not correctly reflect Farias’s actual custody credit, but otherwise rejected his claims. We modified the abstract of judgment to provide for one additional day of actual custody credit, and affirmed the judgment as…