Valencia

People v. Valencia

Good Law
146 Cal. App. 4th 92·2006 Cal. App. LEXIS 2053·2006 Daily Journal DAR 16799·52 Cal. Rptr. 3d 649·2006 Cal. Daily Op. Serv. 11967
Court of Appeal of CaliforniaDecember 26, 2006H029370California4,670 words

Opinion

Opinion

Mihara, J.

Defendant was convicted by jury trial of two counts of continuous sexual abuse of a child (Pen. Code, § 288.5) and two counts of forcible lewd conduct on a child (Pen. Code, § 288, subd. (b)(1)) for acts against his three younger sisters. He was committed to state prison for a term of 30 years. On appeal, he contends that his trial counsel was prejudicially ineffective in failing to obtain exclusion of his statement to the police on the ground that it was involuntary and in failing to object to and obtain the exclusion of other prejudicial and inadmissible evidence. He has also filed a petition for a writ of habeas corpus in which he repeats these same contentions, but does not submit any additional evidence to support them. We dispose of his habeas corpus petition by separate order. In the published portion of this opinion, we conclude that defendant’s trial counsel was prejudicially deficient in failing to object to inadmissible evidence that the prosecution relied upon to prove the time period element of one of the continuous sexual abuse counts. Consequently, we reverse and remand for potential retrial on that count. In the unpublished portion of the opinion, we…

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