P. v. Arellano
A jury convicted Raul Arellano of seven counts of committing a lewd act on a child under 14 years old involving substantial sexual conduct (Pen. Code, §§ 288, subd. (a), 1203.066, subd. (a)(8); counts 3-9)[1] and one count of unlawful sexual intercourse with a minor more than three years younger than him (§ 261.5, subd. (c); count 10).[2] The trial court sentenced him to 18 years 8 months in prison.
Arellano appeals, contending we must reverse his convictions for counts 3 through 9 because the victim's generic, contradictory accounts provided insufficient evidence to support these convictions and these convictions violated his right to a unanimous jury. In addition, he contends we must reverse his conviction for count 10 because his trial counsel provided ineffective assistance by failing to move under section 995 to dismiss this charge for lack of jurisdiction. He further contends he is entitled to a new trial because the trial court did not sufficiently investigate his motion for replacement counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden) or, alternatively, erroneously denied his motion. We conclude each of these contentions lacks merit and affirm the judgment.
Comments on P. v. Arellano