People v. Medina CA6

I. INTRODUCTION

Defendant Luis Alberto Medina appeals after a jury convicted him of committing sexual penetration of a child aged 10 or younger (count 1; Pen. Code, § 288.7, subd. (b)1), forcible lewd acts on a child under the age of 14 (count 2; § 288, subd. (b)(1)), and lewd acts on a child under the age of 14 (count 3; § 288, subd. (a)). Defendant was sentenced to a prison term of 15 years to life for count 1, consecutive to three-year term for count 3, with the term for count 2 stayed pursuant to section 654. On appeal, defendant contends the trial court made three erroneous evidentiary rulings: (1) allowing the victim to offer an opinion as to defendant’s guilt or innocence and as to his credibility; (2) allowing the prosecutor to recall the victim to provide further testimony about penetration; and (3) allowing the prosecutor to use a hot dog bun as a

1 All further statutory references are to the Penal Code unless otherwise indicated. demonstrative exhibit during the victim’s testimony on recall. Defendant also contends trial counsel was ineffective for failing to object to the prosecutor’s use of the hot dog bun as a demonstrative exhibit. We will affirm the…