People v. Dominguez CA4/2

I.

INTRODUCTION

Defendant and appellant Salvador Dominguez, Jr. appeals from judgment entered

following jury convictions for forced oral copulation of his biological daughter, Jane 1 Doe, who was under 10 years old or younger (Pen. Code, § 288.7, subd. (b) ; counts 1 &

2); lewd and lascivious acts on Doe, a child under 14 years old (§ 288, subd. (a); counts

& 4), and lewd and lascivious acts on Doe, a child under 14 years old, by force or fear

(§ 288, subd. (b)(1); count 5). The court sentenced defendant to a prison term of 30 years

to life, plus a consecutive prison term of 16 years.

Defendant contends the trial court prejudicially erred in ordering him to wear leg

restraints during trial, and allowing improper expert testimony regarding child sexual

abuse victims. Defendant further contends the trial court prejudicially erred in denying

his proposed limiting instruction on the fresh-complaint doctrine. Defendant argues that

the prosecutor committed prejudicial misconduct, and finally, the trial court erred in

failing to exercise its discretion properly when sentencing defendant on counts 3, 4, and

5. We reject defendant’s contentions and affirm the judgment.

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