P. v. Coates
William John Coates (defendant) appeals his conviction of continuous sexual abuse of a child under the age of 14 (Pen. Code, 288.5, subd. (a)), and committing a lewd act upon a 14-year-old child (Pen. Code, 288, subd. (c)(1)). In a bifurcated proceeding the court also found true an allegation that defendant had a prior strike conviction. (Pen. Code, 1170.12, subds. (a)(d); 667, subd. (b).) The court denied a motion to strike the prior conviction, and sentenced defendant to 24 years in prison.
Defendant contends: (1) the court abused its discretion by admitting expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS); (2) evidence Code section 1108[1] is unconstitutional on its face and as applied: (3) the court abused its discretion by admitting evidence of similar uncharged conduct, and the admission of this evidence resulted in a due process violation; (4) in violation of his federal constitutional right to due process, CALJIC Nos. 2.50.01, 2.50.1 and 2.50.2 permit the jury to find defendant guilty based upon a fact not proven beyond a reasonable doubt; (5) the trial court abused its discretion by denying defendants motion to strike his prior conviction; and (6) the no contact order should be modified or stricken because the victim is now 18.Court find no error, and shall affirm the judgment.
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