People v. Brownell CA5

INTRODUCTION

A jury convicted defendant Paul David Brownell of multiple counts of lewd acts upon a child, and the trial court sentenced him to nine years in prison. Defendant argues that the trial court erred in admitting evidence that he told a relative he was traveling to Long Beach when he actually left for Redding as evidence of flight and in instructing the jury that these facts could be used to support an inference of consciousness of guilt. We affirm.

PROCEDURAL BACKGROUND

The District Attorney of Kings County filed a second amended information on June 28, 2023, charging defendant with a forcible lewd act upon a child under age 14 (Pen. Code,1 § 288, subd. (b)(1); count 1) and lewd acts upon a child (§ 288, subd. (a); counts 2, 3). Defendant pleaded not guilty. A jury convicted defendant of all counts on June 29, 2023. The trial court sentenced defendant on December 13, 2023, to the upper term of five years in prison as to count 1 and consecutive two-year terms as to counts 2 and 3, for an aggregate term of nine years in prison. The court also reserved victim restitution (§ 1202.4, subd. (f)) and ordered defendant to pay $300 restitution and suspended parole revocation…