Vasquez

Julian Jose Vasquez appeals from the judgment convicting him of continuous sexual abuse of a child (count 1; Pen. Code, § 288.5), and two counts of sexual battery (counts 2 and 3; §243.4, subd. (d).) Vasquez was charged by information with the offense and with four additional counts of sexual battery. He was tried by a jury and convicted of three counts. The jury was unable to reach a verdict as to two of the counts of sexual battery, and two other counts were dismissed by the court. Vasquez was sentenced to the upper term of 16 years in the state prison for continuous sexual abuse of a child. He was sentenced to 180 days in the county jail for each count of sexual battery, to be served in the state prison concurrently with the sentence on count 1.

The trial court erred in failing to instruct that the jury must agree unanimously which acts of sexual battery were committed by the defendant. His convictions of sexual battery must therefore be reversed. However, we find no other prejudicial errors, or misconduct or ineffectiveness of counsel. Thus, in all other respects, the judgment is affirmed.

Factual and Procedural Background

1. The Prosecution Case.

a. Sexual Abuse…