People v. Risenhoover CA5

INTRODUCTION

At the conclusion of a jury trial on October 31, 2012, defendant Michael Risenhoover was convicted of 10 counts of sexual abuse against his daughter, who was between the ages of eight and 13 when the abuse occurred. Defendant was sentenced to a prison term of 88 years to life. On appeal, defendant contends the trial court erred in denying expert testimony from a defense psychiatrist that the victim suffered from a psychiatric disorder that would explain her complaints of sexual abuse as a false report because she suffered from psychosis and delusion. Defendant further contends the trial court erred in permitting evidence of defendant’s sexual conduct with his wife. We affirm the judgment.

FACTS AND PROCEEDINGS

Allegations and Sentence Defendant was charged in a first amended information with, and convicted of, two counts of sexual intercourse or sodomy of a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a), counts 1 & 2),1 six counts of committing a lewd act on a child under the age of 14 years (§ 288, subd. (a), counts 3–8), and two counts of a forcible lewd act on a child under the age of 14 years (§ 288, subd. (b)(1), counts 9 & 10). It was further…