People v. Yslas CA5

INTRODUCTION

Following a bench trial, defendant Victor Yslas was convicted of numerous sex offenses committed against his daughter as well as her kidnapping. Additionally, he was convicted of possessing pornographic images, kicking a police dog, and resisting arrest. Various special circumstance and prior conviction allegations were also found true. He was sentenced to a total of 207 years to life. Defendant contends as follows: (1) the trial court committed reversible error by refusing his request to dress in civilian clothing and be free of handcuffs during the bench trial; (2) his waiver of the right to a jury trial was not knowing and intelligent; (3) his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) were violated during custodial interrogation; (4) defense counsel was ineffective for failing to suppress certain images on his cell phone on the theory the police acted in bad faith; and (5) there was insufficient evidence to find the Penal Code1 section 667.61, subdivisions (a) and (d) enhancement true. We affirm.

FACTUAL2 AND PROCEDURAL BACKGROUND

On September 22, 2010, about 7:00 p.m., defendant picked up his 13-year-old daughter Jane Doe3 from her home in…