P. v. Black
Filed 3/2/06 P. v. Black CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
ROBERT BLACK,
Defendant and Appellant.
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E037404
(Super.Ct.No. RIC382920)
OPINION
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APPEAL from the Superior Court of Riverside County. Carl E. Davis, Judge. (Retired judge of the San Bernardino Superior Court, assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed.
John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Raquel M. Gonzalez, Supervising Deputy Attorney General, and Felicity Senoski, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
A jury found Robert Black (appellant) to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code,[1] § 6600 et seq.)[2] On appeal appellant challenges the sufficiency of the evidence to support that finding. He also contends that defense counsel rendered ineffective assistance in failing to object to a line of questioning which the prosecutor posed to a defense expert witness, and that the trial court improperly overruled his counsel's objection to another question asked of that witness. We reject these contentions and affirm the commitment order.
FACTUAL AND PROCEDURAL HISTORY
In late 1986, appellant pleaded guilty to molesting a five-year-old girl. (Pen. Code, § 288, subd. (a).) Several months earlier, 16-year-old Michael B. was living in a one-room apartment with Mary Ann S. and her three small children, including the five-year-old victim. Late one night, Michael B. was awakened by the sound of coins falling to the floor. Mary Ann S. was not home. He saw appellant bent over the couch where the victim was sleeping. The child's nightgown had been raised up to her chest, and appellant's hand was inside her underwear. At first, appellant denied touching the child, but later admitted to rubbing her leg and genitals. He also told the arresting officer that he had molested her on two prior occasions, but now denies doing so. He said that he felt â€
