P. v. Lee CA3
Defendant Nhi Lee’s eight-year-old daughter H. told defendant’s two sisters, A.L. and J.L., that defendant had molested her; she told them after A.L. told H. she had been molested by defendant. This exchange took place after A.L. and J.L. told each other about having been molested by defendant in the past. Defendant was subsequently convicted of four counts of lewd and lascivious acts on a child under the age of 14 (Pen. Code, § 288, subd. (a)) following a six-day jury trial. He was sentenced to a 12-year state prison term.
Defendant contends on appeal: (1) it was an abuse of discretion and violation of his due process right to a fair trial to admit evidence of the sexual misconduct against his sisters pursuant to Evidence Code section 1108; (2) the Child Sexual Abuse Accommodation Syndrome (CSAAS) expert gave improper profile testimony; (3) trial counsel was ineffective in failing to seek redaction of portions of his police interview; (4) cumulative error warrants reversal;
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