Gomez

People v. Gomez

Good Law
241 Cal. Rptr. 3d 490·30 Cal. App. 5th 493
Court of Appeal of CaliforniaDecember 19, 2018G055352California2,994 words

Opinion

Lead Opinion

Fybel, J.

*495 INTRODUCTION

*492 Defendant Pedro Garcia Gomez was convicted of crimes involving the sexual molestation of the victim, who is the daughter of defendant's live-in *496 girlfriend. The molestation occurred over several years during which time the victim was between three and eight years of age. Defendant was sentenced to 35 years to life. He raises several arguments on appeal challenging his convictions and his sentence. We affirm and, as the Attorney General concedes, we must remand for resentencing on two counts.

We conclude:

1. The prosecutor's rebuttal argument did not constitute burden shifting and was not misconduct.

2. Defendant forfeited the issue of whether the trial court erred in permitting an expert to testify regarding Child Sexual Abuse Accommodation Syndrome (CSAAS). If we were to address the issue, however, we would conclude that there was no error.

3. Three jury instructions-those addressing (1) CSAAS testimony, (2) the testimony of a child 10 years of age or younger, and (3) the elements of a violation of Penal Code section 288.7, subdivision (a) 1 -are correct statements of the law.

4. The trial court erred in instructing the jury that the violation of…

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