People v. Galvan CA2/8

INTRODUCTION

A jury convicted defendant Ludwuin Galvan of two counts of forcible rape, two counts of forcible sodomy, one count of forcible sexual penetration, one count of forcible oral copulation, and one count of kidnapping. As to all counts except the kidnapping charge, the jury found true allegations that Galvan: (1) personally used a dangerous or deadly weapon, a knife; (2) tied and bound the victim; and (3) kidnapped the victim. The court sentenced Galvan to 155 years to life in prison. On appeal, Galvan contends the court abused its discretion and violated his due process rights when it admitted evidence of an uncharged sexual assault that he committed a little over a week before the charged incident. We conclude that the court properly admitted evidence of the prior uncharged sexual assault. Accordingly, admission of that evidence did not violate Galvan’s due process rights. We therefore affirm.

FACTUAL BACKGROUND

1. The charged sexual assault Around midnight on May 6, 2021, Briea C. was working as a sex worker in Los Angeles when Galvan approached her in his car. Galvan told Briea that he was a nurse and asked if she could stay with him until 5:00 a.m. Briea got…