P. v. Aviles
A jury convicted defendant Luis Ciprian Aviles of four counts of lewd acts on a child under age 14 (Pen. Code, § 288, subd. (a)), and two counts of sexual penetration with a child 10 years old or younger (Pen. Code, §§ 288.7, subd. (b), 289). The jury made special findings that defendant committed lewd acts on a child on more than one victim. (Pen. Code, §§ 667.61, subd. (c), 1203.066, subd. (a)(7)). Defendant was sentenced to a prison term of 60 years to life.
On appeal, defendant contends he received ineffective assistance of counsel when his counsel did not object to certain hearsay testimony that was admitted as a spontaneous declaration under Evidence Code section 1240. Finding neither ineffective assistance nor prejudice from counsel’s decision not to object, we affirm.
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