People v. Oliva CA4/1

INTRODUCTION

A jury convicted Daniel James Oliva of 18 counts of sexual abuse against three children (Jane Doe 1, Jane Doe 2, and Jane Doe 3), and one

count of physical abuse against another child (John Doe).1 On appeal, Oliva contends the trial court prejudicially erred when it admitted expert testimony on the behavior of child victims of sexual abuse. He further contends the court gave a jury instruction that likely caused the jury to convict him based on acts of sexual abuse he committed outside the territorial jurisdiction of the superior court. We reject Oliva’s challenges to the verdict. However, we shall vacate any portion of the $154 criminal justice administration fee imposed pursuant to now-repealed Government Code section 29550.1 that remains unpaid as of July 1, 2021. We remand the matter to the trial court with directions to correct the entry of an erroneous fee amount on the abstract of judgment and to reflect the vacatur. We affirm the judgment in all other respects.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Offenses In an amended information, Oliva was charged with 21 felony counts for his repeated sexual abuse of Jane 1, Jane 2, and Jane 3, and physical abuse…