P. v. Windsor
Defendant Rocky Windsor was convicted by jury of eight counts of committing a forcible lewd or lascivious act on a minor under the age of 14 years. With respect to each count, the jury also found defendant engaged in substantial sexual conduct with the victim. The trial court sentenced defendant to serve an aggregate determinate term of 64 years in state prison and imposed other orders.
On appeal, defendant contends his trial counsel rendered constitutionally deficient assistance by failing to properly admit into evidence several out-of-court statements made by the victim that were purportedly inconsistent with her testimony at trial. Assuming, without deciding, counsel’s performance fell below an objective standard of reasonableness, we conclude there is no reasonable probability the result of the proceeding would have been different had these statements been admitted into evidence. Accordingly, we affirm the judgment.
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