P. v. Carrizales
Filed 9/11/06 P. v. Carrizales CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. BENITO MURRILLO CARRIZALES, Defendant and Appellant. |
F049217
(Super. Ct. No. BF109224A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. John I. Kelly, Judge.
Conrad Petermann, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and Michael Dolida, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury convicted appellant Benito Carrizales of three counts of oral copulation with a person under the age of 18 (Pen. Code, § 288a, subd. (b)(1); counts 2, 3, 4). The court imposed the two-year midterm on count 2 and concurrent two-year terms on each of counts 3 and 4.
On appeal, appellant contends the court erred prejudicially in (1) admitting evidence appellant committed two uncharged sex offenses, and (2) failing to define â€
