People v. Jimenez CA6

Good Law
Court of Appeal of CaliforniaJanuary 13, 2015H039607MCalifornia16,556 words

Opinion

Opinion

Manoukian, J.

I. INTRODUCTION

After a jury trial, defendant Jesse Joseph Jimenez was convicted of one felony count of committing lewd or lascivious acts on AL., who was under the age of 14 years (Pen. Code, § 288, subd. (a)),1 and one felony count of annoying or molesting a child under the age of 18 (§ 647.6, subd. (c)(2)). The trial court found true the allegations that defendant had two prior serious felony convictions (§ 667, subd. (a)) and five prior convictions that qualified as strikes (§§ 667, subds. (b)-(i), 1170.12). The court sentenced defendant to a total term of 75 years to life in the state prison. On appeal, defendant contends that (1) there was insufficient evidence to prove the conviction for annoying or molesting a child under the age of 18 (§ 647.6, subd. (c)(2)); (2) the trial court failed to provide “legally balanced and correct” answers to two jury

1 All further statutory references are to the Penal Code unless otherwise indicated. questions; (3) the trial court erred in admitting evidence of defendant’s sex offender parole conditions; (4) the jury instructions on the elements of the section 288, subdivision (a) offense misstated the law; (5) the trial court failed to…

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