People v. Macias CA4/2

I. INTRODUCTION

Defendant and appellant Martin Rojas Macias was convicted by a jury of multiple

offenses involving acts of sexual abuse committed against Jane Doe over the course of

approximately 10 years while Jane Doe was under the age of 16. He was sentenced to an

indeterminate term of 15 years to life, as well as a determinate term of 35 years two

months in state prison.

Defendant appeals, arguing: (1) the trial court abused its discretion by admitting

testimony of an uncharged prior act of abuse pursuant to Evidence Code section 1108;

(2) the trial court abused its discretion by admitting expert testimony on child sexual

abuse accommodation syndrome (CSAAS); (3) the trial court erred by failing to give a

limiting instruction on the use of CSAAS testimony; (4) his trial counsel rendered

ineffective assistance of counsel by failing to request a limiting instruction on the use of

CSAAS testimony;; (5) the cumulative effect of the trial errors was prejudicial; and

(6) his sentence is unconstitutional under the United States and California constitutions

because an aggregate term that exceeds his life expectancy should be considered per se

cruel or unusual…