Snyder

Defendant Eugene Scott Snyder appeals from a judgment convicting him of nine counts of child molestation and one count of possessing child pornography. He contends (1) insufficient evidence supports one count of committing lewd acts upon a child under the age of 14 and (2) the trial court abused its discretion under Evidence Code section 352 by admitting into evidence nearly 100 images of child pornography confiscated from defendant’s residence. We agree with defendant’s first contention but disagree with his second. We affirm the judgment except to reverse it as to one count of molestation.

FACTS

Victim L.T.

L.T. was born in December 1985. She testified at defendant’s 2011 trial at the age of 25. Her grandmother raised her.

L.T. met defendant at a Native American pow-wow she and her grandmother attended in the summer before she started eighth grade. She was 13 years old. Defendant was 36 years old. L.T.’s grandmother’s car broke down, and defendant agreed to take them home. Defendant and L.T. flirted on the way home.

Defendant began seeing L.T. at her home on a regular basis and became a family friend. When L.T.’s grandmother was there, he treated L.T. like a normal…