P.

P. v. Canchola CA4/3

Good Law
Court of Appeal of CaliforniaJuly 15, 2013G046128California6,835 words

Opinion

Opinion

INTRODUCTION

A jury found defendant Alfredo Granados Canchola guilty of committing the offenses of kidnapping for the purpose of committing a lewd or lascivious act upon a child under the age of 14, committing a lewd act upon a child under 14 years of age, kidnapping to commit a sex offense, sexual penetration by a foreign object by force, and attempted kidnapping for the purpose of committing a lewd and lascivious act on a child under 14 years of age. The jury also found true several enhancement allegations. We affirm. For the reasons we will explain, we hold (1) substantial evidence supported Canchola‘s conviction for kidnapping to commit a sex offense against J.H., (2) Canchola‘s trial counsel did not provide ineffective assistance of counsel by failing to object to a portion of an investigating police officer‘s testimony, and (3) the trial court did not err by instructing the jury with a modified version of CALCRIM No. 1191.

FACTS

I.

MARCH 19, 2009 – OFFENSES AGAINST M.E.

On March 19, 2009, 13-year-old M.E. was walking alone to school in Anaheim, when she saw a man, whom she later identified as Canchola, sitting in the driver‘s seat of a parked car; the passenger side…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.