People v. Sengphachanh CA4/1

INTRODUCTION

A jury convicted Steve Sengphachanh of a lewd act on Jane Doe, 1 the 12-year-old daughter of his best friend, and found true the allegation he had “substantial sexual conduct” with Jane, making him ineligible for probation.

(Pen. Code,2 §§ 288, subd. (a), 1203.066, subd. (a)(8).) The jury deadlocked on the charge that Sengphachanh committed aggravated sexual assault of Jane. (§ 269, subd. (a).) The trial court declared a mistrial as to that charge and later dismissed it on the People’s motion. The court sentenced Sengphachanh to the upper term of eight years in state prison and imposed various fines and fees. On appeal, Sengphachanh asserts several errors deprived him of his constitutional right to a fair trial and mandate reversal of his conviction. First, he asserts the trial court erred in failing to sua sponte instruct the jury on the limited purpose of an expert’s testimony regarding general myths and misconceptions of child sexual abuse and delayed disclosure, or alternatively, his trial counsel was ineffective for failing to request such a limiting instruction. Second, he asserts the court erred by failing to sua sponte include optional language in the…