People v. Garcia CA6

I. INTRODUCTION

Defendant Eli Escobar Garcia appeals after a jury convicted him of 15 counts of committing a lewd act on a child under the age of 14 (Pen. Code, § 288, subd. (a)1) and six counts of contacting or communicating with a minor with the intent to commit a sex offense (§ 288.3, subd. (a)). The jury found that in committing seven of the lewd acts, defendant engaged in substantial sexual conduct. (§ 1203.066, subd. (a)(8).) Defendant was sentenced to a 17-year prison term. On appeal, defendant contends: (1) there was insufficient evidence to support his convictions of contacting or communicating with a minor with the intent to commit a sex offense; (2) the trial court erred by permitting the prosecutor to cross-examine defendant about matters that went beyond the scope of his direct examination; (3) the prosecutor

1 All further statutory references are to the Penal Code unless otherwise indicated. committed misconduct by referring to a fact not in evidence during argument to the jury; (4) the trial court erred at sentencing by failing to state reasons for imposing consecutive terms for certain counts, by relying on the victim’s age as a sentencing factor, by not…