P. v. Arriaga
After a court trial, Raul Antonio Arriaga (appellant) was found guilty of lewd acts with a child under 14 years of age in violation of Penal Code section 288, subdivision (a). The trial court sentenced appellant to six years in state prison. Appellant appeals on the grounds that: (1) he was denied his right to present a defense under the Fifth, Sixth, and Fourteenth Amendments and article I, sections 7 and 15 of the State Constitution when the trial court ruled inadmissible third party culpability evidence and propensity evidence relating to the third party, (2) assuming arguendo that appellants claim is meritorious and that defense counsel failed to preserve this issue, appellant was denied effective assistance of counsel.
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