P. v. SilvaCA4/1
A jury convicted John Paul Silva of 24 counts of committing a lewd or lascivious act upon a child 14 or 15 years of age by a person at least 10 years older than the child. (Pen. Code, § 288, subd. (c)(1); counts 3–26.) The court sentenced Silva to an aggregate term of 17 years four months.
Silva contends the court abused its discretion in a number of evidentiary rulings, namely (1) refusing a defense request to play the entire police interview of the victim that preceded the pretext call, (2) precluding introduction of Silva's recorded interview statement, (3) permitting three witnesses to testify under the fresh complaint doctrine, (4) allowing a witness to testify about Silva's comment about the Minor's vaginal odor, and (5) precluding the defense from impeaching Stepmother with evidence of a false kidnapping accusation. Silva further contends cumulative error deprived him of his right to a fair trial.
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