P. v. Owen CA1/2
Following a jury trial in this case involving two victims, defendant Gabriel Lee Owen was found guilty of two counts of forcible penetration by a foreign object, four counts of possession of a firearm by a felon, and one count each of forcible sodomy, misdemeanor sexual battery, and possession of ammunition by a felon. Defendant appealed, contending (1) the trial court erred when it admitted evidence of five instances of uncharged misconduct, which was not admissible under Evidence Code sections 1101, 1108, 1109, and/or section 352; (2) defense counsel’s failure to object to certain inadmissible evidence and request an instruction limiting the uncharged misconduct evidence to the victim to whom that evidence pertained deprived him of the effective assistance of counsel; and (3) the cumulative prejudicial effect of the errors deprived him of a fair trial.
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