People v. Calderon CA5

INTRODUCTION

Defendant Luis Calderon was charged with several sex offenses committed against girls under the age of 14. A jury convicted him on some, but not all, of the counts. He was sentenced to 46 years in prison. On appeal, defendant raises several claims of prosecutorial misconduct during cross-examination and argument, none of which warrant reversal. He also challenges the admission of evidence regarding several uncharged incidents involving other young girls pursuant to Evidence Code section 1108. We conclude the court did not err in admitting the evidence. Defendant also claims that his concurrent sentence for one of the counts should be stayed pursuant to Penal Code section 654.1 Respondent offers a concession on this issue, which we accept. We will amend the judgment accordingly. Finally, defendant challenges the imposition of a sexual assault medical examination fee. (§ 1203.1h, subd. (b).) We conclude defendant forfeited this claim. Consequently, we modify the judgment to reflect a stay on the imposition of the concurrent term on count 9. We affirm the judgment so modified.

STATEMENT OF THE CASE

In a third amended information, defendant was charged with the…