People v. Farias CA2/8

INTRODUCTION

Martin Farias appeals from his judgment of conviction of three counts of lewd act upon a child under the age of 14 (Pen. Code,1 § 288, subd. (a)), and one count of oral copulation or sexual penetration of a child 10 years old or younger (§ 288.7, subd (b)). On appeal, Farias contends the trial court prejudicially erred in admitting expert testimony and instructing the jury on Child Sexual Abuse Accommodation Syndrome (CSAAS). Farias also claims sentencing error on the grounds that he did not receive adequate notice that he was subject to three 25-year-to-life terms under the “One Strike” law (§ 667.61), his total sentence of 90 years to life constitutes cruel and unusual punishment, and the abstract of judgment does not accurately reflect his presentence custody credit. We modify the abstract of judgment to correct Farias’s custody credit, but otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Evidence at Trial

Farias and his wife, Silvia M., have three children together, including a daughter, V.F. Silvia also has an older daughter from her previous relationship, A.R., who was raised in the same household as her half-siblings. The offenses in this case…