P. v. Castro CA3
A jury convicted defendant Steven Michael Castro of committing a lewd act upon I., a five-year-old girl (Pen. Code, § 288, subd. (a)), and possessing child pornography (§ 311.11, subd. (a)). It also found true an allegation that the possession of child pornography involved multiple images. (§ 311.11, subd. (c)(1)). The trial court sentenced defendant to an aggregate prison term of six years eight months.
Defendant now contends (1) there was insufficient evidence to support his conviction for committing a lewd act, (2) evidence of I.’s extra-judicial statements should not have been admitted, and (3) the trial court should not have instructed the jury that it could use I.’s extra-judicial statements to evaluate defendant’s subsequent conduct.
We conclude (1) substantial evidence supports the lewd act conviction, (2) some of defendant’s evidentiary challenges are forfeited and he fails to establish abuse of discretion,
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