Spence

*484 Opinion

A jury convicted James Edward Spence of two counts of sexual offenses against a child 10 years old or younger (his housemate’s daughter D.), occurring on April 20, 2009 (Pen. Code, § 288.7, subds. (b) [count 1, sexual penetration] & (a) [count 2, sodomy]; all further statutory references are to the Penal Code unless noted). The jury also convicted him of two counts of sexual activity with D. occurring in March 2009 (§§ 288, subd. (a) [count 4, committing a lewd act], 288.7, subd. (b) [count 5, oral copulation].) He was acquitted of two other charges and an additional count was dismissed on the People’s motion.

Spence was sentenced to a total term of 55 years to life. He appeals, first contending the trial court erred in permitting the prosecutor to rebut the opinions of the defense expert witness, a psychologist who testified about Spence’s educational level and writing ability, by presenting the jury with statements Spence previously made in his testimony at a pretrial hearing on his motion to suppress evidence, concerning whether he had the ability to express himself in writing (such as in letters found in his pocket when he turned himself in for arrest). (James…