People v. Cisneros CA5

INTRODUCTION

Appellant Ramon Cisneros was convicted of multiple offenses, including lewd and lascivious acts and attempted digital penetration, against two child victims. Cisneros contends his convictions must be reversed because the trial court allowed evidence of an uncharged sexual offense to be admitted pursuant to Evidence Code section 1108.1 We disagree with Cisneros’s contention and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

An amended information charged Cisneros in count 1 with committing a lewd and lascivious act on Jane Doe 1, a child under the age of 14 years, in 2006; counts 2 and 3 charged Cisneros with committing a lewd and lascivious act on Jane Doe 1 by use of force, violence, or duress between November 2009 and November 2010; count 4 charged that between September 2007 and September 2008 Cisneros digitally penetrated Jane Doe 2, a child aged 10 or under, when he was over 18 years; and count 5 charged Cisneros with committing a lewd and lascivious act on Jane Doe 2, a child under the age of 14 years, between September 2007 and September 2008. It was further alleged as to counts 1, 2, 3, and 5 that Cisneros was convicted in the present case of…