P. v. Imbach
A jury found defendant and appellant, Jason Scott Imbach (hereafter defendant), guilty as charged of aggravated sexual assault on his niece, N., a child under the age of 14 and more than 10 years younger than defendant, in violation of Penal Code section 269, subdivision (a)(1) (count 1);[1]committing lewd acts on N., a child under the age of 14, by means of force and fear in violation of section 288, subdivision (b)(1) (counts 2 and 3); knowingly exhibiting harmful material to a child in violation of section 288.2 (count 4); and possession of child pornography, a misdemeanor violation of section 311.11 (count 5). The trial court sentenced defendant on counts 2, 3, and 4 to the upper term on each count, those terms to run consecutively to each other, for a total determinate term of 19 years, to be followed by a consecutive indeterminate term of 15 years to life in state prison on count 1. The trial court also imposed a one-year concurrent term on count 5, defendants misdemeanor conviction.
Defendant raises various claims of error in this appeal, beginning with the assertion that the trial court erred when it denied defendants motion to retain new counsel and to continue trial. Defendant also contends that the trial court abused its discretion when it allowed the prosecutor to present evidence of an uncharged act in which defendant possessed pornography; that the prosecutor committed misconduct during trial; that trial counsel was ineffective; that the trial court committed prejudicial error by failing to give CALJIC No. 10.64 sua sponte; that the upper term sentences the trial court imposed on counts 2, 3, and 4 violate defendants Sixth Amendment right to have a jury determine all disputed factual issues; and the cumulative effect of the noted errors was prejudicial and deprived defendant of his right to a fair trial.
Court conclude for reasons we explain below either that errors did not occur or if they did they were harmless. Therefore, Court affirm the judgment.
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