People v. Valencia CA6

I. INTRODUCTION

Defendant Juan Antonio Valencia was convicted after jury trial of five counts of committing a forcible lewd or lascivious act on his niece, G. Doe, a child under the age of 14 (Pen. Code, § 288, former subd. (b)).1 At trial, there was also evidence of an uncharged offense by defendant against his sister A. Doe. The trial court sentenced defendant to 30 years in prison. Defendant was granted a total of 372 days of presentence custody credit, including 48 days conduct credit pursuant to section 2933.1. Defendant was also ordered to pay a suspended parole revocation restitution fine of $10,000 pursuant to section 1202.45. On appeal, defendant contends: (1) there is insufficient evidence of force, violence, duress, menace, or fear to support the convictions; (2) the trial court erred by

1 All further statutory references are to the Penal Code unless otherwise indicated. admitting into evidence defendant’s booking sheet from a prior arrest; (3) the court erred by allowing the jury to submit a question to an expert witness and by allowing certain testimony from the expert witness; (4) the court erred in instructing the jury pursuant to CALCRIM No. 1193 that evidence…