People v. Aguero CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Charges, verdict, and sentencing On July 23, 2019, the Monterey County District Attorney filed an information charging Aguero with two counts of felony child abuse (§ 273a, subd. (a); counts 1, 4),5 felony assault on a child causing death (§ 273ab, subd. (a); count 2), and second degree

3 Aguero also argues that he received ineffective assistance of counsel in relation to each of these claims. We address and reject on the merits his claim that there was prosecutorial error, and thus we need not and do not address the ineffective assistance argument related to that claim. However, we consider and reject his claim that counsel was ineffective for failing to: (1) request limiting instructions related to the evidence of uncharged domestic violence offenses; and (2) seek to admit additional portions of his interview with police in which he accused his former codefendant, Michelle Bautista La Fuente, of committing domestic abuse against him and their son. 4 After briefing in Aguero’s direct appeal was completed and oral argument scheduled, he filed a petition for writ of habeas corpus (H051316) that this court ordered to be considered with…