People v. Lewis CA3

Filed 4/29/15 P. v. Lewis CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C076108

Plaintiff and Respondent, (Super. Ct. No. CM038184)

v.

THOMAS LEE LEWIS, SR.,

Defendant and Appellant.

After a trial to the court, defendant Thomas Lee Lewis challenges the trial court finding him guilty of committing a lewd act on a child under 14. Defendant claims admission of the victim’s out-of-court statements violated his rights under the Sixth Amendment’s confrontation clause, and the erroneous admission of those statements prejudiced him in two ways. He first contends that without the victim’s statements in evidence, his out-of-court inculpatory statements should not have been admitted because the…