People v. Arellano CA5

INTRODUCTION

Defendant Christian Jesus Arellano was convicted of offenses involving the sexual molestation of A.S.,1 who is defendant’s little sister. The molestation occurred when A.S. was between five and 13 years old. However, the charged offenses (counts 1 through 4)2 occurred in 2018. Thereafter, defendant was found guilty on all counts and sentenced to a total aggregate term of 30 years to life. On appeal, defendant contends: (1) “[t]here was insufficient evidence to establish that the oral copulation was accomplished against [A.S.’s] will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury (Counts 2 and 4)”; (2) that “[b]ecause the evidence supporting the element of force was questionable as to Counts 1 and 2, the court was required to instruct sua sponte on lesser included offenses that did not involve the use of force;” and (3) it was improper for the Child Sexual Abuse Accommodation Syndrome (CSAAS) expert (David Love) to testify the “CSAAS doctrine prohibits jurors from considering the demeanor of a complaining witness giving testimony from the stand,” and that he gave improper testimony regarding “ ‘grooming.’ ” (Italics…