People v. Edhammer CA1/1

INTRODUCTION

A jury convicted defendant Johnathan Edhammer on charges he sexually molested his niece, K.Doe, between January 2007 and April 2010 when she was between eight and 11 years old, and he was between 18 and 21 years old. Defendant contends the judgment should be reversed because (1) the trial court failed to instruct the jury with CALCRIM Nos. 358 [Evidence of Defendant’s Statements] and 359 [Corpus Delicti], and (2) his trial counsel provided ineffective assistance by preventing him from testifying on his own behalf and failing to object to the prosecutor’s comment on his failure to testify. Finding no merit in these contentions, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In an information filed on July 2, 2010, the San Mateo County District Attorney (DA) charged defendant with the following offenses against the same victim, K. Doe, born in November 1998: committing a lewd or lascivious act (oral copulation) on a child under the age of 14 years by means of force, violence or duress on or about April 7, 2010 (Pen. Code, § 288, subd. (b); count one)1; committing a lewd or lascivious act (oral copulation) on a child under the age of 14 years on or about April 7, 2010…