Morales
People v. Morales
Opinion
Lead Opinion
Mihara, J.
*473 Defendant Ernesto Vega Morales was convicted by jury trial of four counts of committing a lewd act on a child under 14 ( Pen. Code, § 288, subd. (a) ), 1 one count of committing a forcible lewd act on a child under 14 ( § 288, subd. (b) ), one count of sexual penetration of a child age 10 or younger (§ 288.7, subd. (b) ), two counts of criminal threats (§ 422), and two counts of dissuading a witness by threat of force (§ 136.1, subd. (c)(1) ). The jury found true an allegation that defendant had committed sexual offenses *474 against multiple victims (§ 667.61, subd. (e)(4) ). The court committed defendant to state prison for a term of 75 years to life consecutive to a six-year determinate term.
On appeal, defendant contends that (1) the trial court violated his Sixth Amendment rights when it refused to allow him to substitute retained counsel for his appointed trial counsel on the eve of trial, (2) two of the lewd act counts, the forcible lewd act count, the criminal threats counts, and the dissuading counts are not supported by substantial evidence, (3) the prosecutor committed misconduct by commenting in rebuttal argument on defendant's courtroom conduct, (4) the court…