People v. Smith CA5

INTRODUCTION

A jury convicted defendant Tamell Louis Smith of multiple charges—sexual intercourse or sodomy with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a); counts 1–6), attempted sexual intercourse or sodomy with a child 10 years of age or younger (§§ 288, subd. (a)(7), 664; count 7), and lewd acts upon a child under the age of 14 (§ 288, subd. (a); counts 8–9)—related to his sexual abuse of several children. (Undesignated statutory references are to the Penal Code.) During trial, a licensed psychologist testified as an expert on child sexual abuse accommodation syndrome (CSAAS). In his sole issue on appeal, defendant contends his convictions should be reversed based on the admission of CSAAS evidence. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged with sexual intercourse or sodomy with a child 10 years of age or younger (§ 288.7, subd. (a); counts 1–6), attempted sexual intercourse or sodomy with a child 10 years of age or younger (§§ 288.7, subd. (a), 664; count 7), and lewd acts upon a child under the age of 14 (§ 288, subd. (a); counts 8–9)—related to his sexual abuse of multiple children, including his daughter. Before trial, the…