P. v. Galzinski

Filed 2/14/07  P. v. Galzinski CA3

NOT TO BE PUBLISHED

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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

----

     A jury found defendant Harald Mark Galzinski guilty of repeatedly molesting his daughter from the time she was four and of raping his girlfriend and ordering her to forcibly orally copulate him when she walked in on the last attempted molest.  The court sentenced him to 338 years to life in state prison. 

     On appeal, defendant contends the trial court erred in:  (1) admitting evidence of his purported prior acts of domestic violence; (2) instructing the jury on how to use the prior acts of domestic violence; (3) admitting evidence of child sexual abuse accommodation syndrome; (4) denying his request for appointment of counsel to assist him in filing a motion for new trial; and (5) imposing multiple five-year enhancements to his nine indeterminate life terms based on a single prior serious felony conviction.  Finding no prejudicial error, we will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A

The Prosecution

      N. M. met defendant through mutual friends when she was 16 years old and he was 21 years old.  She has one son and defendant has one son and one daughter, A.

     N. M. and defendant began dating shortly before her 18th birthday and became engaged on Christmas 1998.  N. M. and her son would spend the night at defendant's mother's home where defendant and his children also lived.  In May 2002, N. M. and defendant bought a house together. 

     On December 13, 2003, N. M. was hosting a party for her son's soccer team at a bowling alley in Sacramento.  Defendant and his two children also attended.  While the children played games, defendant drank heavily.  At the end of the evening, N.  M. drove defendant and the children home and told the children to help defendant into the house while she was going to park her truck in the back.  The children were having trouble helping defendant, so N. M. turned off her truck and came into the house, where she found defendant lying on the couple's bed.  Defendant confirmed that he was okay and told N. M. to park her truck.  As N. M. was getting ready to walk out, defendant called to his daughter, and she came running.  N. M. then walked out of the bedroom and parked her truck. 

     When N. M. reentered the bedroom, defendant was lying on the bed with his pants around his knees and his penis erect.  A. had her thumbs on the waistband of her pants, as though she was about to pull down her pants.  N. M. screamed, â€