People v. Smith CA6

Filed 12/18/14 P. v. Smith CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039934

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1089639)

v.

JOSEPH JERMAINE SMITH,

Defendant and Appellant.

Following a jury trial, Joseph Jermaine Smith was convicted of a lewd and lascivious act upon a child under 14 years of age (Pen. Code, § 288, subd. (a)) (count two).1 The jury hung on a second charge of oral copulation (count one) and the trial court declared a mistrial on that charge. The trial court found the three prior prison term allegations to be true (§ 667.5, subd. (b)). The court sentenced him to a total prison term of nine years. On appeal, defendant challenges the exclusion of certain evidence…