The People v. Contreras CA4/3

INTRODUCTION

Defendant Manuel Martinez Contreras appeals from the judgment entered after a jury found him guilty of committing a lewd act upon a child under 14 years old, misdemeanor assault and battery, and kidnapping. The jury found true the enhancement allegation that Contreras kidnapped his victim to commit a lewd act upon her. Contreras argues the trial court erred by refusing to instruct the jury with a special instruction on third party culpability. Contreras also argues the trial court erroneously stated that he is likely ineligible for postsentence prison conduct credit as to the imposed indeterminate 15-year-to-life sentence. We affirm. Even if we were to assume the trial court erred by refusing to instruct the jury with the special instruction on third party culpability, any such error was harmless. Furthermore, the trial court’s stray comment regarding the unlikelihood of the Department of Corrections and Rehabilitation awarding Contreras postsentence conduct credit did not constitute error.

FACTS

Around 8:20 p.m. on September 14, 2008, five-year-old A.F. and her seven-year-old brother (collectively, the children) were playing with a bike in a grass alley in their…