People v. Orozco CA1/1

INTRODUCTION

Defendant Joseph Orozco appeals his convictions for one count of continuous sexual abuse of a child in violation of Penal Code section 288.5, subdivision (a) and two counts of lewd acts on a child in violation of Penal Code section 288, subdivision (a). Defendant contends the court misstated the law in instructing the jury in violation of his constitutional rights. He also asserts his counsel was ineffective for failing to object to alleged prosecutorial misconduct during closing argument. We find no reversible error and affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On April 3, 2012, the state filed a first amended information (Super. Ct. Humboldt County, 2012, No. CR1200518) charging defendant with one count of continuous sexual abuse of a child in violation of Penal Code section 288.5, subdivision (a), based on his conduct with Jane Doe 2 (count 2) and one count of lewd acts on a child in violation of Penal Code section 288, subdivision (a) for his conduct with Jane Doe 1 (count 1). A second information filed on April 10, 2012 (Super. Ct. Humboldt County, 2012, No. CR1201243) charged defendant with another count of lewd acts on a child in violation of Penal…