People v. Esver CA1/3

Filed 9/29/15 P. v. Esver CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, v. A143397 ARTHUR ANACLETO ESVER, (Alameda County Defendant and Appellant. Super. Ct. No. H50465)

This is an appeal from judgment after a jury convicted defendant Arthur Anacleto Esver of committing five separate sex acts on a child age 10 or younger, including four counts of unlawful sexual intercourse or sodomy and one count of oral copulation or sexual penetration. Defendant challenges the judgment on two grounds, first, violation of his constitutional right to due process based upon a jury instruction permitting…