People v. Sandoval CA4/1

INTRODUCTION

A jury found Joe Sandoval guilty of 12 counts of committing lewd or lascivious

acts upon two children under 14 years of age (counts 1-3 as to victim C.R. and counts 4-

12 as to victim L.G.)1 under Penal Code section 288, subdivision (a).2 The jury found

true special allegations Sandoval was convicted in this case of committing lewd or

lascivious acts against more than one victim. (§ 667.61, subds. (b), (c) & (e).) It also

found true special allegations of substantial sexual conduct with a child under 14 years of

age. (§ 1203.066, subd. (a)(8).) He was sentenced to an aggregate term of 30 years to

life based on two consecutive 15-years-to-life terms for two counts and concurrent 15-

years-to-life terms for the remaining counts.

Sandoval contends on appeal the court erred by (1) by failing to instruct on battery

as a lesser included offense of a lewd act upon a child and (2) declining to strike the

testimony of Brenda G. (the mother) about the victims contracting urinary tract infections

during the time Sandoval lived with them. Finding no merit in either contention, we

affirm the judgment.

To protect the identities of the minors, we use initials.…