Olivas

A jury convicted defendant Jose Rodriguez Olivas of 17 felony counts related to his continuous sexual abuse of M.M. (minor) between 1995 and 2003. (Pen. Code, §§ 288.5, subd. (a), 288, subd. (b)(1), 269, subd. (a)(1), (4).) The trial court imposed a 78-year determinate prison sentence for the continuous sexual assault and the forcible lewd act counts. It also imposed a consecutive indeterminate term of 75 years to life for the aggravated sexual assault counts.

On appeal, defendant argues his trial counsel provided ineffective assistance by failing to request a jury instruction about voluntary intoxication. He also contends he was prejudiced by the trial court’s incorrect response to a jury question. We will conclude defendant’s trial counsel did not provide ineffective assistance. However, the trial court prejudicially erred in its response to the jury’s question about the aggravated sexual assault counts. Accordingly, we will reverse the judgment on the aggravated sexual assault counts and will remand this matter for further proceedings.

I. TRIAL COURT PROCEEDINGS

Minor was born in September 1990 to Yolanda (mother) and a man other than defendant. Minor has two older…