People v. Galindo CA5

INTRODUCTION

Nicholas Christopher Galindo (appellant) molested two girls: L., his stepdaughter, and C., who took private softball lessons from him. The molestation took place when L. was between the ages of nine and 12, and when C. was between the ages of 14 and 16. A jury convicted appellant of 16 child molestation offenses. As to L., appellant was convicted of three counts of committing a lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (a); counts 1, 2 & 6)1 and two counts of committing a forcible lewd act upon a child under the age of 14 (§ 288, subd. (b)(1); counts 3 & 5). As to C., appellant was convicted of six counts of committing a lewd act upon a child aged 14 or 15 (§ 288, subd. (c)(1); counts 7–11, 13), two counts of oral copulation of a person under age 16 (§ 287, subd. (b)(2); counts 14 & 15), two counts of oral copulation of a person under age 18 (§ 287, subd. (b)(1); counts 12 & 16), and sexual penetration with a person under age 18 (§ 289, subd. (h); count 17). The trial court sentenced appellant to an aggregate term of 33 years four months in state prison. Appellant raises numerous claims on appeal. His challenges relate to the denial of his…