People v. Carmalt CA6

Filed 6/28/16 P. v. Carmalt CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038402

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. F1035060)

v.

WALLACE SAMUEL CARMALT,

Defendant and Appellant.

Over the course of two trials, Wallace Samuel Carmalt was found guilty of one count of forcible lewd conduct and five counts of aggravated sexual assault on a child under the age of 14. He challenges certain evidentiary rulings, jury instructions, and the sufficiency of the evidence to support the aggravated sexual assault convictions resulting from the second trial. Finding no error, we will uphold those convictions. We will further uphold the denial of defendant’s motion for a new trial on forcible…