People v. Vidal-Rizo CA5

STATEMENT OF THE CASE

In May 2016, defendant Juan Manuel Vidal-Rizo was charged, in count 1, with committing a forcible lewd and lascivious act on M.V. (Pen. Code, § 288, subd. (b)(1))1; in count 2, with assaulting M.V. with the intent to commit a sex offense (§ 220, subd. (a)(2)); in count 3, with engaging in sexual intercourse with M.V. while she was 10 years of age or younger (§ 288.7, subd. (a)); and in count 4, of committing a lewd and lascivious act against J.V. (§ 288, subd. (a)). As to all counts, it was alleged that defendant committed sex offenses against more than one victim (§ 667.61, subds. (a), (c), & (e)(4).)2 A jury found defendant guilty on counts 1, 2 and 3, but not guilty on count 4.3 The multiple-victim allegation was found not true. Following the verdict, defendant filed a motion for new trial, which was denied after an evidentiary hearing. The trial court sentenced defendant to 25 years to life plus 10 years, four months in prison, with presentence custody credits. On appeal, defendant contends: (1) trial counsel was ineffective for failing to investigate his family law file or to impeach the witnesses with audio statements or transcripts of their prior…