People v. Agustin CA4/1

I. INTRODUCTION

Pascual Agustin appeals from his seven-count sex crime conviction, challenging the actions of all involved in his trial. He argues (1) the jury’s verdicts were not supported by substantial evidence; (2) he received ineffective assistance of counsel; (3) the trial court abused its sentencing discretion; (4) the trial court was biased; and (5) the prosecutor committed misconduct. Agustin raises more claims in his reply and supplemental briefing regarding immigration policies, bias, and additional misconduct by the People. Finding Agustin’s claims either forfeited or lacking merit, we affirm the judgment.

II. BACKGROUND

On August 11, 2021, Agustin raped 12-year-old D. Agustin also touched D.’s breasts, inserted his fingers into her vagina, and forced D. to orally copulate him. D. told her parents the following day, leading to Agustin’s arrest on August 13. The San Diego County District Attorney’s Office charged Agustin with

three counts of aggravated sexual assault of a child (Pen. Code,1 § 269, subd. (a); count 1: penis to vagina, count 2: penis to mouth, count 3: finger to vagina) and four counts of forcible lewd acts upon a child (§ 288, subd. (b)(1); count 4:…