People v. Cura CA5

INTRODUCTION

Defendant was convicted of nine counts of committing a lewd act upon a child. He challenges his convictions on the grounds that the prosecutor committed prejudicial misconduct during closing argument and that the trial court committed several instructional errors. We disagree and affirm.

BACKGROUND

Defendant was charged with nine counts of committing a lewd act upon I.G., a child. (Pen. Code, § 288, subd. (a).)1 As to each of the nine counts, the information alleged that defendant had committed the lewd act against more than one victim (i.e., I.G. and another child named C.S.). (§ 667.61, subd. (e)(4).) As to counts 1 through 5 and 9, the information alleged that in committing the lewd acts, defendant engaged in substantial sexual conduct with a victim under 14 years of age. (§ 1203.066, subd. (a)(8).) A jury convicted defendant of all nine counts (§ 288, subd. (a)) and found true all substantial sexual conduct allegations (§ 1203.066, subd. (a)(8)). The jury found the multiple victim allegation true as to count 1 and not true as to counts 2 through 9. (§ 667.61, subd. (e)(4).) The court sentenced defendant to a term of 15 years to life on count 1, consecutive to a…