People v. Alvarez CA5

INTRODUCTION

Appellant/defendant Peter Sepulveda Alvarez was charged and convicted of four counts of committing lewd acts on children under the age of 14 years (Pen. Code, § 288, subd. (a)). Three of the victims were defendant’s nieces, and the fourth victim lived across the street from defendant. The four girls did not tell anyone that defendant sexually molested them when the incidents occurred, and waited between two and 10 years to tell their families. Defendant relied on an alibi defense for one charge, and raised the inference that the first girl who reported him (and her mother) influenced the other three girls to make false claims against him. On appeal, defendant contends the court abused its discretion when it allowed the prosecution to introduce rebuttal witnesses who testified about the character of one of the victims, and denied his motion to call a surrebuttal witness as to his good character. Defendant also contends the court’s protective order was legally unauthorized. We will affirm defendant’s convictions, and strike the protective order and remand the matter for further appropriate proceedings on that single issue.

FACTS

Defendant was married to his wife,…