P. v. Acevedo CA4/1
A jury convicted Juan Fernando Acevedo of committing a lewd act upon a child under 14 years of age (Pen. Code, § 288, subd. (a); count 1: penis touching S.G.) and of committing a lewd act upon a child 14 or 15 years of age by a person more than 10 years older than the child (§ 288, subd. (c)(1); count 7: touching buttocks of V.H.). The court sentenced Acevedo to consecutive prison terms of six years for count 1 and eight months for count 7.
Acevedo contends his convictions should be reversed because the court erred in (1) not granting a motion for mistrial when the prosecutor commented upon Acevedo's decision not to testify at the preliminary hearing, (2) allowing expert testimony regarding misconceptions regarding child abuse victims, and (3) denying the defense request to introduce a DVD of one of the victims during the People's case-in-chief. We disagree with these contentions and conclude there was no reversible error. We affirm the judgment.
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