People v. McPherson CA2/4

INTRODUCTION

Appellant Thomas McPherson appeals from his conviction on three counts of sexual abuse of two minors, his daughter, Z., and stepson, J. He contends the court erred by allowing expert testimony on child sexual abuse accommodation syndrome (CSAAS) beyond the permissible scope of that testimony. He also argues that the jury was improperly instructed with CALCRIM No. 1193 that it could use the expert’s CSAAS testimony to judge the credibility of the victims. Finally, he asserts that the trial court failed to recognize its discretion in imposing consecutive sentences on two of the counts, an error that respondent Attorney General concedes requires remand. We conclude that appellant has not established any prejudicial error with respect to the CSAAS testimony or related jury instruction. We therefore affirm appellant’s convictions and remand for resentencing on counts one and three.

PROCEDURAL HISTORY

In 2019, appellant was charged by amended information in count one with sexual intercourse or sodomy with a child 10 years old or younger (Pen. Code, § 288.7, subd. (a))1 and in count three2 with committing a lewd act on a child under 14 (§ 288, subd. (a).) Both counts were…