Isom

Certified for Partial Publication. [*]

Defendant Jeffrey Allen Isom was charged and convicted of committing three counts of lewd and lascivious acts upon a child under the age of 14 years. (Pen. Code, § 288, subd. (a).) The jury found true the multiple victim enhancement allegation as to each count (Pen.Code, § 667.61, subd. (b) [15 years to life]) and defendant admitted the truth of two prior strike convictions (Pen.Code, §§ 1170.12, subds.(a)-(d); 667, subds. (b)-(i)). The trial court imposed three consecutive terms as follows: Count one, 45 years to life (three times 15 to life); count two, 25 years to life; and count three, 45 years to life (three times 15 to life). The court struck the multiple victim allegation as to count two, finding counts one and two were committed on the same occasion. Defendant was sentenced to a total term of 115 years to life.

On appeal, defendant raises a number of claims. He argues: (1) the admission of evidence of a prior sexual offense violated his right to due process of law; (2) the trial court abused its discretion when it failed to exclude evidence of the prior sexual offense pursuant to Evidence Code section 352; (3) the evidence…