Noriega

Defendant and appellant Arturo Mendez Noriega raped and sodomized his girlfriend’s stepdaughter, Jane Doe, from 2003 until 2010. Defendant was convicted of nine counts of aggravated sexual assault of a child by means of rape. 1 (Pen. Code, § 269, subd. (a)(1).) 2 Defendant was sentenced to consecutive 15-year-to-life sentences on each count for a total state prison sentence of 135 years to life. He was ordered to pay a $10,000 restitution fine within the meaning of section 1202.4, subdivision (b)(1), and a stayed parole revocation fine in the same amount was also imposed pursuant to section 1202.45.

Defendant now claims on appeal as follows: (1) Doe’s direct testimony should have been stricken in its entirety because defendant did not have a meaningful opportunity to cross-examine her, which violated his federal constitutional due process and confrontation rights; (2) the trial court erred by failing to sua sponte instruct the jury with the lesser included offense of unlawful sexual intercourse with a minor (Pen. Code, § 261.5, subd. (c)) for all counts; (3) a statement made by Doe’s sister, who also was molested by defendant, that defendant was just sitting in court and…