Castro

People v. Castro

Caution
1994 Cal. App. LEXIS 1185·30 Cal. App. 4th 390·35 Cal. Rptr. 2d 839·94 Daily Journal DAR 16487·94 Cal. Daily Op. Serv. 8901
Court of Appeal of CaliforniaNovember 21, 1994H011481California4,180 words

Opinion

Opinion

Mihara, J.

Defendant was convicted of six counts of lewd conduct on a child (Pen. Code, § 288, subd. (a)), and an allegation that he had committed a prior serious felony (Pen. Code, § 667, subd. (a)) was found true. He was committed to state prison for 23 years. On appeal, he contends that (1) the trial court prejudicially erred in excluding testimony of a psychotherapist that the victim was lying, (2) the trial court prejudicially erred in admitting evidence of defendant’s prior molestation of the same victim, (3) the prosecutor committed misconduct, (4) the trial court prejudicially erred in excluding evidence that the victim had also accused another man of molesting her, (5) the trial court prejudicially erred in admitting hearsay evidence, (6) the trial court’s instruction to the jury defining the crime was prejudicially erroneous, (7) defendant’s trial counsel was ineffective, and (8) the trial court prejudicially erred in imposing an aggravated term. For the reasons expressed below, we affirm the judgment.

Facts

Sarah S. lived with her sister Sylvia, her mother Corrine, and defendant in a house in Sunnyvale. Corrine and defendant had originally planned to be married in July…

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