P. v. Cruz CA1/1
Defendant Jose Eleazar Cruz appeals, following a jury trial, from a conviction of one count of oral copulation of a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b)), three counts of forcible lewd acts upon a child (Pen. Code, § 288, subd. (b)(1)) and one count of lewd acts upon a child (id., subd. (a)), with added findings that counts 2 through 4 included substantial sexual conduct with a child under age 14 (Pen. Code, §§ 288, 288.5) and that counts 2 through 5 were committed against multiple victims (Pen. Code, § 667.61, subds. (b) & (e)). He raises two issues on appeal. The first is that the trial court prejudicially abused its discretion in excluding evidence that the victim’s mother, who testified at the trial, was, herself, a victim of molestation. The second is that the clerk’s minutes of the sentencing hearing contain an error that requires correction, an assertion with which the Attorney General does not disagree.
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