P. v. Palmeno
Defendant Francisco Palmeno was convicted of three counts of lewd conduct (Pen. Code, 288, subd. (a)) on his two granddaughters, and the jury found true an allegation that he had committed these offenses on more than one victim (Pen. Code, 667.61, subd. (e)(5), 1203.066, subd. (a)(7)). He was committed to state prison to serve a term of 15 years to life. On appeal, he contends that his convictions must be reversed because the trial court abused its discretion in admitting evidence under Evidence Code section 1108 of his prior sexual offenses against his two stepdaughters over defendants Evidence Code section 352 objection. He also contends that the courts AIDS testing order is not supported by probable cause and that the Penal Code section 290.3 fine was imposed in the wrong amount. We find no cause for reversal of his convictions, but we find merit in his other contentions. Therefore, we reverse the judgment and remand for further proceedings regarding the AIDS testing order, correction of the amount of the Penal Code section 290.3 fine, and specification of the penalty assessments applicable to that fine. Court also direct the trial court to correct a mistake on the abstract of judgment.
Comments on P. v. Palmeno