Mestas

The People v. Mestas

Good Law
159 Cal. Rptr. 3d 534·2013 Cal. App. LEXIS 572·217 Cal. App. 4th 1509·2013 WL 3809387
Court of Appeal of CaliforniaJuly 22, 2013C066730California1,131 words

Opinion

Opinion

Nicholson, J.

Convicted of molesting Ms girlfriend’s young sisters and sentenced to state prison for an indeterminate term of 75 years to life, defendant Edward Dale Mestas appeals. He contends (1) the trial court abused its discretion by refusing to hold an evidentiary hearing on some of the proffered evidence of the victims’ sexual histories and (2) his trial counsel was constitutionally deficient for not investigating further the victims’ sexual Mstories. We conclude (1) the trial court did not abuse its discretion by refusing to hold an evidentiary hearing on some of the proffered evidence of the victims’ sexual Mstories because the alleged conduct was not sufficiently similar to the conduct charged in this case and, therefore, was not highly probative of the victims’ credibility in tMs case and (2) defendant’s assertion that Ms counsel was constitutionally deficient fails because it is based on speculation concerning what further investigation may have revealed. Finding no error, we affirm.

FACTS AND PROCEDURE

In early 2009, six-year-old T.M. and seven-year-old J.M. lived with their mother, their 20-year-old sister T.P., and defendant (who was T.P.’s boyfriend), as well as…

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