People v. Espinoza CA6

I. INTRODUCTION

Defendant Pedro Espinoza appeals after a jury found him guilty of forcible sodomy in concert (count 1; former Pen. Code, § 286, subd. (d)),1 forcible oral copulation in concert (count 2; former § 288a, subd. (d)), aggravated sexual assault of a child under the age of 14 and more than 10 years younger than defendant (count 3; former § 269), and forcible lewd acts on a child under the age of 14 (count 4; former § 288, subd. (b)(1)). Counts 1 and 2 pertained to victim A. Doe; counts 3 and 4 pertained to victim R. Doe.2 As to counts 1 and 2, the jury found true allegations that defendant kidnapped A. Doe. (Former § 667.61, subds. (b) & (e)(1).) The trial court sentenced

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Both victims have been identified by the last name Doe for confidentiality purposes, but the victims are not related. defendant to an indeterminate term of 30 years to life, consecutive to an eight-year determinate term. On appeal, defendant contends the trial court erred by: (1) denying defendant’s motion to sever the counts related to A. Doe and R. Doe; (2) excluding evidence that A. Doe had a reputation…