People v. Tranquilino CA2/4

INTRODUCTION

A jury convicted defendant Juan Tranquilino of two counts of lewd act on a child under 14 years of age. (Pen. Code, § 288, subd. (a), counts 1 & 3.) The jury was unable to reach a verdict on an additional count of lewd act on a child under 14 years of age (count 2), as to which the trial court declared a mistrial. (Pen. Code, § 288, subd. (a).) The jury found true allegations as to both counts 1 and 3 that there were multiple victims, that appellant had previously been convicted of a sex offense (Pen. Code, § 667.61, subds. (a) & (b)), and that appellant had suffered a serious felony conviction that was also a prior strike conviction (Pen. Code, § 667, subds. (a)-(i)). The trial court sentenced appellant to 55 years to life in state prison, consisting of 25 years to life for each of counts 1 and 3 (Pen. Code, § 667.61), plus an additional five years for count 1 for the prior serious felony conviction. In this appeal, appellant contends that the trial court abused its discretion under Evidence Code section 3521 by allowing evidence to be admitted of prior incidents for which appellant was convicted of sexual abuse. Appellant further contends that section 1108, which…