P. v. Fralick
A jury found defendant Jeffrey Alan Fralick guilty of five counts of lewd acts on a child under the age of 14 in violation of Penal Code section 288, subdivision (a), and found true the allegation that three of the counts involved substantial sexual contact. ( 1203.066, subd. (a)(8).) The trial court sentenced him to an aggregate term of 14 years in state prison.
On appeal, defendant contends that (1) his rights under the Fifth and Fourteenth Amendments were violated when police induced him to confess through deception and promises of leniency, (2) trial counsels failure to move to exclude defendants statements resulted in ineffective assistance of counsel, (3) the trial courts exclusion of evidence of the victims prior sexual conduct with other females was an abuse of discretion, (4) exclusion of that evidence violated defendants right to due process, a fair trial and to confront his accusers, and (5) cumulative prejudice amounted to a violation of due process. Court affirm the judgment.
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