People v. Wells CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Given that defendant’s challenge focuses on the voir dire proceedings, we briefly recount the history of this matter for context. The specifics of the voir dire itself will be discussed at length at the point of our analysis. The People charged defendant with having sexual intercourse with a child under 10 years of age (§ 288.7, subd. (a); count one) and lewd and lascivious sexual misconduct with a child under 14 years of age (§ 288, subd. (a); count two). Defendant’s first trial ended in a mistrial after the jury deadlocked 11-1 in favor of guilt. As noted a moment ago, it is not necessary for the purposes of this appeal to set forth the evidence presented at trial relating to the charged substantive offenses. On May 9, 2019, the jury found defendant guilty as charged. On June 12, 2019, the trial court sentenced defendant to 25 years to life for count one. The court also imposed eight years on count two, which the court stayed pursuant to section 654. The court ordered defendant to pay a $300 restitution fine (§ 1202.4) and a matching, stayed $300 parole revocation restitution fine (§ 1202.45). The court declined to impose other fines and…