Fear Not Law Articles: P. v. Phillips

P. v. Phillips

Filed 1/31/07 P. v. Phillips 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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,

VINCENT SCOTT PHILLIPS,

Defendant and Appellant.

F048401

(Super. Ct. No. 3907423-8)

OPINION

APPEAL from a judgment of the Superior Court of Fresno County. Robert H. Oliver, Judge.

Jeffrey S. Kross, 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, Carlos A. Martinez and Kelly E. Lebel, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

INTRODUCTION

Vincent Scott Phillips appeals his convictions for felony annoying or molesting a girl under the age of 14, and for committing a lewd act against a boy under the age of 14. Phillips contends that the trial court erred in admitting evidence of an uncharged prior sex offense and in instructing the jury pursuant to CALJIC No. 2.50.01. He also contends that his trial counsel provided ineffective assistance by failing to challenge the admission of some hearsay evidence. We affirm.

STATEMENT OF THE CASE

Phillips was charged in an amended consolidated information, filed May 11, 2005, with committing a lewd and lascivious act on Kayla H., a child under the age of 14 (Pen. Code, § 288, subd. (a), count 1),^{^[1]} felony annoying or molesting Kayla (§ 647.6, subd. (a), count 2), committing a forcible lewd and lascivious act against L.J., a child under the age of 14 (§ 288, subd. (b)(1), counts 3 through 7), and misdemeanor sexual exploitation of L.J. (§ 311.3, subd. (a), count 8). The amended information alleged that Phillips had a prior serious felony conviction for the purposes of the three strikes laws (§§ 667, subd. (b) â€“(i) & 1170.2) and section 667, subdivision (a); that appellant's prior conviction brought him within the meaning of section 667.61, subdivisions (a) and (d)(1) and section 667.71 (â€

Description	Defendant appeals his convictions for felony annoying or molesting a girl under the age of 14, and for committing a lewd act against a boy under the age of 14. Defendant contends that the trial court erred in admitting evidence of an uncharged prior sex offense and in instructing the jury pursuant to CALJIC No. 2.50.01. Defendant also contends that his trial counsel provided ineffective assistance by failing to challenge the admission of some hearsay evidence. Court affirm.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.