P. v. Capriotti CA5
Brent Capriotti was charged with and convicted of two counts of lewd and lascivious acts on a child under 14 years of age by force, violence, duress, menace, or threat of great bodily harm, and one count of lewd and lascivious acts on a child under fourteen years of age, in relation to three incidents involving his girlfriend’s daughter, T.R. Capriotti was sentenced to a determinate 18-year prison term.
On appeal, Capriotti challenges the denial of his motion to dismiss the case or sanction the prosecution for a police officer’s failure to preserve evidence, exclusion of certain evidence regarding the victim and her father, the sufficiency of the evidence to support the conviction, amendment of the information following the close of the People’s case-in-chief, defense counsel’s failure to move for a judgment of acquittal, and denial of a motion for new trial and the release of juror identifying information.
We reject appellant’s contentions and affirm the judgment.
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