P. v. Fabros
Following a bench trial, Rex Franco Fabros (Fabros) was convicted of committing lewd acts upon a child. (Pen. Code, 288, subd. (a), counts 1-8);[1]lewd acts upon a child 14 or 15 years old ( 288, subd. (c)(1), counts 9-17); unlawful sexual intercourse with a minor more than 3 years younger than the perpetrator ( 261.5, subd. (c), counts 18-22); forcible rape ( 261, subd. (a)(2), count 23) and false imprisonment by violence, menace, fraud and deceit ( 236, 237, subd. (a), count 24). As to counts 1 through 8, allegations were found true that he had sexual contact with the victim, who was under 14 years old. ( 1203.066, subd. (a)(8).) The court sentenced Fabros to prison for a term of 31 years four months. Fabros contends insufficient evidence supported the convictions on counts 1 through 11, and the trial court erred by restricting the psychologist's testimony under the psychotherapist-patient privilege. Court affirm.
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