People v. Gaticonde CA4/3

INTRODUCTION

A jury found defendant Laurencio Gaticaconde (Defendant) guilty, as charged, as follows: Count 1—oral copulation on a person under 14 years of age (Pen. Code, 288a, subd. (c)(1); Counts 2 and 3—commiting a lewd act upon a child under 14 years of age (id., § 288, subd. (a)); Counts 4 and 5—committing a lewd act upon a person of 14 or 15 years of age and more than 10 years younger than the defendant (id., § 288, subd. (c)(1)); Count 6—unlawful sexual intercourse with a minor more than three years younger than the defendant (id., § 261.5, subd. (c)); and Count 7—attempted kidnapping (id., §§ 207, subd. (a), 664, subd. (a)). The trial court sentenced Defendant to a total of 14 years in prison. 1 Defendant argues the prosecutor committed misconduct during closing argument by misstating the jury unanimity rule and, to the extent the issue was forfeited, his trial counsel was ineffective by failing to pose an objection. We conclude the issue was forfeited and there was no ineffective assistance of counsel. We therefore affirm.

FACTS

We view the evidence in the light most favorable to the judgment of conviction and resolve all conflicts in its favor. (People v. Barnes…