People v. Palomar CA5

INTRODUCTION

Following a jury trial, defendant Marcos Palomar was convicted of four sexual offenses involving his daughter. He was sentenced to a determinate term of 16 years and a consecutive, indeterminate term of 15 years to life. Defendant alleges several errors on appeal: (1) the trial court erred in admitting defendant’s two statements in violation of the Miranda (Miranda v. Arizona (1966) 384 U.S. 436) rule; (2) the trial court erred in failing to instruct sua sponte on unanimity as to the oral copulation alleged in count 1; (3) there was insufficient evidence of force regarding the forcible lewd conduct alleged in count 4; (4) when the trial court applied the amended sentencing triad to count 4 in the absence of a jury finding that the conduct occurred before the effective date of the amendment, it violated the ex post facto clause and defendant’s rights to have a jury determine every fact required for imposition of a mandatory minimum; (5) the trial court erred in refusing to permit defense counsel to use a chart illustrating the concept of reasonable doubt during closing argument; (6) the trial court committed error by denying defendant’s motion to quash the venire when…