P. v. Melara CA1/1
Defendant Jose Melara appeals from a judgment of conviction of 13 counts of lewd or lascivious acts upon three children under the age of 14 (Pen. Code, § 288, subd. (a)), five counts of intercourse or sodomy with a child 10 years of age or younger (§ 288.7, subd. (a)), and three counts of oral copulation or penetration with a child 10 years of age or younger (§ 288.7, subd. (b)). The trial court sentenced him to the maximum term of 202 years to life. On appeal, defendant contends the trial court erred by (a) allowing the prosecution’s expert witness to testify regarding “statistical” evidence and preventing his own expert from testifying on the same subject and (b) relying on “nonexistent” facts when imposing his sentence. Alternatively, defendant contends his trial counsel was ineffective in failing to object to the prosecution’s expert testimony and to the claimed lack of factual basis for the trial court’s sentencing choices. The judgment is affirmed.
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