P. v. Olivier CA1/1
Defendant David Olivier engaged in sexually inappropriate behavior with his adopted daughter, Jane Doe, when she was a teenager. A jury convicted him of four felony counts of lewd acts upon a child aged 14 or 15 years based on “prolonged” kissing to which he confessed in a pretext call, but it was unable to return a verdict on the remaining charges. The trial court sentenced him to two years and eight months in prison, which was a paper commitment based on his presentence custody credits.
On appeal, Olivier contends that the trial court abused its discretion under Evidence Code section 352 and violated his federal due process rights by admitting evidence of his prior conduct with teenage girls. He also claims, and the Attorney General concedes, that an order to pay attorney fees must be stricken. We strike the order to pay attorney fees but otherwise affirm the judgment.
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