People v. Avila CA6

I. INTRODUCTION

Defendant Fernando Zosimo Barrios Avila appeals after a jury convicted him of aggravated sexual assault of a child and attempted aggravated sexual assault of a child. (Pen. Code, §§ 269, 664/269.)1 The trial court imposed a term of 15 years to life for aggravated sexual assault of a child and a consecutive five-year term for attempted aggravated sexual assault of a child, and it ordered that defendant’s parole term be “for life” pursuant to former section 3000.1. On appeal, defendant contends: (1) child sexual abuse accommodation syndrome (CSAAS) evidence should be inadmissible for all purposes; (2) CALCRIM No. 1193 erroneously informs the jury that it may consider a CSAAS expert’s testimony in

1 All further statutory references are to the Penal Code unless otherwise indicated. determining the child witness’s credibility; (3) the prosecutor committed misconduct and trial counsel was ineffective for failing to object; and (4) the trial court erroneously imposed a lifetime parole obligation on defendant. We will affirm the judgment.

II. BACKGROUND

Isabella Doe was born in 1998. In 2004, her mother, Heather P., married defendant, making him Isabella’s…