P. v. Conde
A jury convicted Sergio Espinoza Conde of four counts of lewd acts on a child under the age of 14 years (Pen. Code, § 288, subd. (a));[1] three counts of forcible lewd acts on a child under the age of 14 years (§ 288, subd. (b)(1)); and one count of misdemeanor annoying or molesting a child (§ 647.6, subd. (a)(1)). As to each of the felony counts, the jury also made a true finding that Conde committed an offense described in section 667.61, subdivision (c) against more than one victim. The trial court sentenced Conde to an indeterminate prison term of 105 years to life.
Conde contends that (1) the evidence of certain uncharged sexual offenses against other victims should not have been admitted under Evidence Code section 1108 to the extent that those offenses occurred in Mexico; (2) the trial court should have excluded evidence of uncharged sexual offenses pursuant to Evidence Code section 352; (3) Evidence Code section 1108 is unconstitutional because it permits evidence of uncharged sexual offenses to be admitted to prove that the defendant had the propensity to commit the charged sexual offenses; (4) CALCRIM No. 1191, which instructs the jury that uncharged crimes must be proved by a preponderance of the evidence, is erroneous because it conflicts with the beyond a reasonable doubt standard contained in jury instructions concerning circumstantial evidence; (5) we should review the psychotherapy records of Conde's victims to determine whether the trial court properly quashed subpoenas concerning those records; (6) the trial court should only have imposed two 15-years-to-life terms under section 667.61, subdivision (b) based on the jury's finding that Conde committed lewd acts against more than one victim, rather than seven such sentences; and (7) the trial court's imposition of a $400 sex registration fee under section 290.3 was not supported by the trial court's findings or by substantial evidence. We conclude that Conde's arguments lack merit, and accordingly we affirm the judgment.
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