People v. Maciel CA4/3

INTRODUCTION

A jury convicted Regino Candia Maciel of 21 counts of committing lewd 1 acts on a child under age 14 (Pen. Code, § 288, subd. (a)), four counts of committing sexual penetration by a foreign object on a child under age 14 (§ 289, subd. (j)), and one count of committing oral copulation with a child under 16 years (§ 288a, subd. (b)(2)). The trial court sentenced Maciel to a prison term of 46 years. On appeal, Maciel argues the trial court erred by (1) excluding testimony that the victim’s mother, as a child, had been sexually abused by her father, (2) allowing the prosecution to present expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS), and (3) instructing the jury with CALCRIM No. 362 on consciousness of guilt. In addition, as to his sentence, Maciel argues his trial counsel was ineffective for not objecting to the fines, fees, and assessments imposed on the ground Maciel is unable to pay them, and the abstract of judgment should be modified to reflect the correct amount of the sex offender fine under section 290.3. We reject Maciel’s claims of trial court error. We conclude Maciel suffered no prejudice from his trial counsel’s failure to object to…