Montiel

People v. Montiel

Good Law
247 Cal. Rptr. 3d 177·35 Cal. App. 5th 312
Court of Appeal of CaliforniaMay 16, 2019A150250California20,799 words

Opinion

Lead Opinion

Humes, J.

*315 After he molested his niece, defendant Carlos Hugo Montiel was convicted by a jury of one count of sexual penetration of a child 10 years of age or younger and one count of lewd or lascivious acts with a child under 14 years old, and he was sentenced to 15 years to life in prison. He contends that his convictions must be reversed because his trial counsel failed to object to expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS) that bolstered the victim's credibility. He also claims that the trial court erred by admitting evidence of an uncharged sex offense he committed against the same victim, awarding the victim's mother restitution for noneconomic losses, and imposing victim restitution even though the sentence for the conviction on which it was based was stayed. We are not persuaded and affirm.

In the published portion of our opinion we conclude that the trial court was authorized to award restitution to the victim's mother based on the mother's own psychological harm. In the unpublished portion of our opinion, we reject Montiel's remaining arguments and order the correction of an error involving the abstract of judgment.

I.

FACTUAL AND PROCEDURAL…

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