People v. Estrada CA4/3

Good Law
Court of Appeal of CaliforniaJuly 11, 2014G048059California5,076 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

A jury convicted Juan Estrada, Jr. (Appellant), of five counts (counts 1, 2, and 4 to 6) of engaging in sexual intercourse or sodomy with a child who is 10 years of age or younger (Pen. Code, § 288.7, subd. (a)), one count (count 3) of engaging in oral copulation or sexual penetration with a child who is 10 years of age or younger (id., § 288.7, subd. (b)), and one count (count 7) of committing a lewd act upon a child who is under 14 years of age (id., § 288, subd. (a)). The trial court sentenced Appellant to an aggregate prison term of 73 years to life. Appellant argues (1) the trial court erred by allowing the prosecution to introduce evidence of his conviction of misdemeanor statutory rape in 1999; (2) the trial court erred by permitting the prosecution to impeach his credibility by asking him about the prior misdemeanor statutory rape conviction; and (3) the errors were cumulative. We conclude the trial court erred by allowing the evidence of the prior misdemeanor statutory rape conviction, but the error was harmless. Appellant forfeited his objections to questions he was asked about the misdemeanor statutory rape conviction, and, because Appellant suffered no…

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