People v. Rodriguez CA5

INTRODUCTION

Defendant was charged and convicted by jury of sexual intercourse with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a); count 1);1 oral copulation with a child 10 years of age or younger (§ 288.7, subd. (b); count 2); and lewd or lascivious acts against a child under the age of 14 years (§ 288, subd. (a)(1); count 3). At the sentencing hearing, the court imposed an indeterminate term of 25 years to life for count 1 (§ 288.7, subd. (a)); a consecutive indeterminate term of 15 years to life for count 2 (§ 288.7, subd. (b)); and a determinate term of eight years for count 3 (§ 288, subd. (a)(1)). The court also imposed various fines, fees and assessments including a $108.19 booking fee pursuant to Government Code section 29550.2 and payable to the City of Madera. Defendant argues his counsel was ineffective for failing to object to references the victim made in a forensic interview about a prior uncharged act defendant allegedly committed; the complete interview recording was admitted and played for the jury. We conclude defendant failed to establish his trial counsel’s performance was deficient in this regard or that it caused him prejudice. As for…