People v. Lopez CA4/1

I. INTRODUCTION

Carlos Alberto Lopez appeals from his convictions for numerous sex crimes against his two nieces. He claims the trial court failed to sua sponte instruct the jury on the limited use of child sexual abuse accommodation syndrome (CSAAS), and his trial counsel was deficient in failing to request such an instruction. Lopez also contends the trial court incorrectly instructed the jury and abused its discretion because it allowed the charged offenses regarding one niece to be used as propensity evidence regarding the other. Finally, he argues the cumulative effect of the claimed errors denied him due process and a fair trial. Finding no merit to these contentions, we affirm the conviction.

II. BACKGROUND

Between 2014 and 2017, approximately, Patricia I. lived with her two

daughters, JD and MD,1 and her brother, Lopez. JD is intellectually disabled and autistic, with the mental capacity of an eight- or nine-year-old. Lopez was responsible for taking care of JD and MD while Patricia worked, and he was aware of JD’s diagnoses. Between late 2016 and early 2017, Lopez had vaginal intercourse with JD at least four times, and the two had anal sex once. JD was 18 years old…