People v. Gonzales CA5

INTRODUCTION

Following jury trial, defendant Shawn Patrick Gonzales was convicted of a lewd and lascivious act upon a child (Pen. Code, § 288, subd. (a)). On appeal, defendant contends the trial court abused its discretion pursuant to Evidence Code section 352 by admitting evidence of his prior uncharged sexual offenses to prove criminal disposition under Evidence Code section 1108, in violation of his right to due process of law. Further, defendant maintains the trial court erred in imposing the aggravated term of eight years in prison. We affirm the judgment.

BRIEF FACTUAL BACKGROUND1

On July 19, 2011, 11-year-old Jacob, his younger sister, and his mother were staying with Barbara P. temporarily. Jacob thought of Barbara P. as a grandmother figure because for a period of time his mother dated one of Barbara P.’s sons, Anthony. However, prior to that date, Jacob had never met Barbara P.’s son Shawn, the defendant. That evening, before going to sleep in Anthony’s bedroom, Jacob was lying on the bed watching a movie. Defendant came into the room, closed and locked the door, and asked Jacob if he could lie down. Defendant then lay down right behind Jacob, on his right side. He…