People v. Buenrrostro CA4/1

I.

INTRODUCTION

Kliever Ivan Buenrrostro appeals from a judgment of conviction after a jury

convicted him of 10 counts of committing a lewd act upon a child (Pen. Code, § 288,

subd. (a)).1 The offenses occurred between 2002 and 2013 and involved six victims. As

to each count, the jury found that Buenrrostro committed the offense against more than

one victim (§ 667.61, subds. (b), (c) & (e)). The trial court sentenced Buenrrostro to 135

years to life in prison.

On appeal, Buenrrostro contends that the trial court should have dismissed several

charges based on preaccusation delay. He argues that he was unduly prejudiced by the

delay because witnesses' memories had faded and he was unable to conduct a full

investigation, including locating witnesses. Additionally, Buenrrostro contends that the

trial court erred in concluding that the delay in charging him was justified due to the fact

that the investigation of the case was ongoing.

Buenrrostro also argues that the trial court abused its discretion by admitting

childhood photographs of each victim to show what they looked like at or near the time

of the offenses. Specifically, he contends that the photographs had…