P. v. Barriere
Jesus Leonardo Barriere (appellant) was convicted, following a jury trial, of 11 counts of forcible lewd and lascivious acts upon a child, one count of lewd acts upon a child under age 14, two counts of oral copulation of a minor under age 14, and one count of soliciting a minor to use a controlled substance. On appeal, appellant contends (1) the trial court improperly denied his Wheeler/Batson[1] motion challenging the prosecutor’s peremptory challenge of a prospective juror; (2) the court abused its discretion and violated appellant’s constitutional rights when it admitted evidence of prior sexual offenses, pursuant to Evidence Code section 1108[2]; (3) the instruction regarding appellant’s prior sexual offenses, pursuant to CALCRIM No. 1191, violated his rights to due process and proof beyond a reasonable doubt; (4) the court improperly pressured the jury to reach a verdict when it was deadlocked; (5) the court erred in denying appellant’s new trial motion based on the jury’s receipt of an unredacted restraining order declaration; (6) the six-year determinate sentence and the Penal Code section 12022.3 enhancement for count six must be stricken; (7) the restitution fine must be reduced to $10,000; and (8) he is entitled to additional presentence credits. We shall remand the matter for resentencing on count six, correction of the improper restitution fine imposed, and recalculation of appellant’s presentence credits. We shall otherwise affirm the judgment.
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