P. v. Romero
After a jury trial, defendant Paul Romero was found guilty of three felony counts of lewd or lascivious act on a child under 14 (Pen. Code, § 288, subd. (a).)[1] The victim in all three counts was M., defendant's 13-year-old stepdaughter. At the sentencing hearing, the trial court suspended imposition of sentence and placed defendant on probation for a period of three years with various terms and conditions, including a one-year county jail sentence and a search condition.
On appeal, defendant contends that the convictions should be reversed for several reasons: (1) defense counsel was ineffective in failing to move for suppression of defendant's incriminating statements during a pretext telephone call from his wife, since the statements were obtained by police coercion; (2) defense counsel was ineffective in failing to move for suppression of defendant's incriminating statements during a police interview, since those statements were also obtained by police coercion; (3) the probation search condition is unreasonable and overbroad; and (4) defense counsel was ineffective in failing to object to the probation search condition. For the reasons stated below, we find no merit in defendant's contentions and therefore we will affirm the judgment.
Defendant has also filed a petition for writ of habeas corpus, in which he makes additional claims of ineffective assistance of counsel arising from the jury trial. We have disposed of the petition by separate order filed this date. (Cal. Rules of Court, rule 8.387(b)(2)(B).)
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