People v. Tambini CA3

I. BACKGROUND

A. A. (Counts 1 and 2) A. was 18 when she testified at trial. She testified that when she was five or six, defendant put his fingers inside her vagina and anus. B. G. (Counts 3, 4, 5, 8, and 9) G. was 17 when she testified. She testified that she was five years old when defendant first stuck a finger into her vagina. He also made her touch his penis. About a week after he first put a finger in her vagina and made her touch his penis, defendant started grabbing and squeezing her breasts as well.

2 The jury found defendant not guilty of two additional counts of committing a lewd and lascivious act on a child under the age of 14 by force, violence, duress, menace, or fear of immediate and unlawful bodily injury (counts 6 and 7). 3 We address only those arguments properly raised in defendant’s opening brief. (People v. Baniqued (2000) 85 Cal.App.4th 13, 29 & fn. 15.)

2 C. L. (Counts 10 through 13) L. was 16 when she testified. She testified that defendant put his fingers inside her vagina more than six different times when she was four or five years old. He also rubbed her butt.

II. DISCUSSION

A. Exclusion of Evidence of Prior Sexual Abuse Defendant…