People v. Ramos-Perez CA4/1

I.

INTRODUCTION

Ramos-Perez appeals from a judgment of conviction entered after a jury convicted him of multiple counts of aggravated sexual assault of a child by rape and sexual penetration, as well as offenses related to his use of physical restraint to attempt to prevent the victim’s mother from reporting his sexual misconduct. On appeal, Ramos-Perez raises three principal arguments. First, Ramos-Perez contends that his convictions on multiple counts of aggravated sexual assault of a child by rape and sexual penetration must be reversed because the trial court failed to instruct the jury, sua sponte, with respect to several lesser included offenses, including the lesser included offenses of unlawful sexual intercourse with a child and unlawful sexual penetration of a child. Second, Ramos-Perez contends that the trial court erred in admitting expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS), as well as in instructing the jury with CALCRIM No. 1193, related to the use of CSAAS evidence. Finally, Ramos-Perez contends that his concurrent sentence for false

imprisonment must be stayed pursuant to Penal Code1 section 654 because it was part of the same course…