P. v. Marroquin CA1/3
Defendant Angel Marroquin was convicted of five counts of committing a lewd act (Pen. Code, § 288, subd. (a)) and one count of committing an aggravated lewd act (§ 288, subd. (b)) with a 12-year-old girl (Jane). On appeal, defendant challenges only his conviction on the aggravated count. He contends: (1) the court erred in failing to instruct on unlawful sexual intercourse (§ 261.5, subd. (c)) as a lesser included offense; (2) there is no substantial evidence of force or duress to support the jury’s verdict; (3) CALCRIM No. 1111, which instructs the jury that consent is not a defense to the charged crime, violated his rights to due process, to present a defense and to trial by jury; and (4) the admission of expert testimony on child sexual abuse accommodation syndrome violated his rights to due process and trial by jury. We find no prejudicial error and shall affirm the judgment.
Comments on P. v. Marroquin CA1/3