People v. Patrick CA4/2

I. INTRODUCTION

Defendant and appellant Curtis Harvey Patrick was convicted by a jury of multiple

offenses involving acts of sexual abuse committed against A.H. over the course of

approximately seven years while A.H. was a child. He was sentenced to a determinate

term of 12 years and an additional indeterminate term of 330 years to life in state prison.

On appeal, the only claim of error asserted by defendant is that the trial court

abused its discretion by admitting testimony of an uncharged prior act of sexual abuse

pursuant to Evidence Code section 1108. We conclude that the record does not show an

abuse of discretion warranting reversal and affirm the judgment.

II. BACKGROUND

A. Facts and Charges

A.H. is defendant’s biological daughter. In 2016, A.H. disclosed to a friend, a

pastor’s wife, and to A.H.’s mother that she had been sexually abused by defendant over

the course of multiple years as a child. As a result, defendant was charged with (1) one

count of sexual intercourse with a child 10 years old or younger (count 1; Pen. Code1

§ 288.7, subd. (a)); (2) one count of continuous sexual abuse with substantial sexual

conduct (count 2; §§ 288.5, subd. (a),…