P. v. Yang CA5
Appellant Mike Yang was convicted by a jury of two counts of oral copulation or sexual penetration with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b)) and two counts of lewd acts upon a child (Pen. Code, § 288, subd. (a)). The convictions arose from Yang’s two instances of sexual assault against a minor (J.Y.).
Yang raises three issues on appeal. First, he claims the trial court erred when it received J.Y.’s multi-disciplinary (MDIC) interview into evidence. The MDIC interview was conducted in 2012 (seven years before trial) - wherein J.Y. described Yang’s two assaults. The trial court received the MDIC interview in evidence pursuant to Evidence Code section 1360, which allows for statements describing abuse of children under the age of 12 years to be admitted. Second, Yang claims the trial court abused its discretion by denying his Romero motion to strike his prior rape conviction at sentencing.
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