Mateo

— Defendant and appellant Luis Miguel Mateo was convicted by jury of continuous sexual abuse of a child under the age of 14 (Pen. Code, § 288.5, subd. (a)), 1 based in part on expert testimony on child sexual abuse accommodation syndrome (CSAAS). In the published portion of this opinion, we hold the trial court had no sua sponte duty to give the pattern jury instruction (CALCRIM No. 1193) explaining the limited purpose of expert testimony on CSAAS.

Defendant’s first jury trial, in which expert testimony on CSAAS was not presented, resulted in a hung jury. 2 Defendant was sentenced to the middle term of 12 years in prison after the guilty verdict in the second trial.

Defendant contends the trial court used an incorrect standard when it denied his motion objecting to the prosecution’s exercise of peremptory challenges to excuse four African-American jurors. He further contends that the trial court erred in failing to sua sponte instruct the jury regarding (1) an expert witness’s testimony on CSAAS and (2) the offense of lewd or lascivious act on a child under the age of 14 (§ 288, subd. (a)) as a lesser included offense of continuous sexual abuse of a child under the age…