P. v. Sweeden CA5
Appellant Russell Brian Sweeden was convicted, following a court trial, of one count of lewd or lascivious acts with a child under 14 years of age (Pen. Code, § 288, subd. (a); count 2). The court further found appellant had engaged in substantial sexual conduct with the victim (§ 1203.066, subd. (a)(8)). Appellant was denied probation and sentenced to the middle term of six years.
On appeal, appellant makes several claims of ineffective assistance of counsel. He claims his trial counsel provided ineffective assistance based on his failures to: (1) move for mistrial or otherwise seek remedy for the information referencing an act not shown by evidence at the preliminary hearing; (2) obtain an expert to test and testify about the DNA evidence the prosecution presented; (3) cross-examine the prosecution’s DNA expert witness on the transfer of “trace-DNA”; (4) object to the prosecution’s manner of questioning the minor victim;
Comments on P. v. Sweeden CA5