P. v. Trujillo
Arnoldo Trujillo was convicted of four counts of molesting A.R. (Pen. Code, 288, subd. (b)(1).)[1] He was sentenced to an aggravated term on each count, and the terms were imposed consecutively for a total term of 32 years.
Trujillo argues the trial court erred in (1) denying his Wheeler[2]motion; (2) permitting a police officer to testify to the veracity of the victim; (3) excluding evidence that the victim had been molested by Trujillos son; (4) admitting evidence that Trujillo attempted to molest his daughter; (5) refusing to rule on his oral new trial motion at the sentencing hearing; and (6) imposing aggravated sentences on each count.
There is merit to several of Trujillos arguments. The police officer should not have been permitted to testify to the veracity of the victim, and the evidence that Trujillo attempted to molest his daughter was weak. Also, the instructions on the attempted molestation were incomplete. In addition, the trial court should have considered Trujillos new trial motion. As will be explained, we conclude these errors do not require reversal of the conviction. Court vacate the sentence, however, because the trial court relied on aggravating factors not found true by the jury.
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