People v. Cervantes CA2/1

BACKGROUND

The record is extensive. Given defendant’s claim CSAAS testimony was irrelevant, our summary of the proceedings and testimony is necessarily detailed.

1. The information In an amended information, the People alleged that on February 9, 2020, when L.L. was 14 years old, defendant committed a lewd act by sexually penetrating her by use of force, molested L.L., and showed her pornography. The People also alleged that between September 18, 2012 and September 18, 2015, defendant engaged in three or more acts of substantial sexual conduct and three or more lewd and lascivious acts with

2 J.C., a child then under the age of 14.1 With respect to sexual penetration by use of force and continuous sexual abuse, the People alleged there were multiple victims for purposes of Penal Code2 section 667.61, often referred to as the “One Strike” law. The People alleged defendant suffered a prior serious or violent felony conviction in 2016.

2. Motion in limine to exclude CSAAS testimony In a pretrial motion in limine, defendant argued the testimony of prosecution’s proposed expert on CSAAS, Lauren Maltby, was irrelevant: “Defense does not have any oral or written statements as…