P. v. Ramos
Defendant Jose R. Ramos appeals from a judgment sentencing him to 24 years in prison after a jury found him guilty of nine counts of lewd act upon a child under the age of 14. (Pen. Code,[1] § 288, subd. (a).) He contends the trial court (1) gave an erroneous instruction to the jury on evaluating witness demeanor; (2) erred by allowing evidence regarding the victim’s disclosure of the abuse; (3) erred by failing to instruct on attempted lewd conduct and on battery as lesser included offenses; and (4) abused its discretion by denying defendant’s motion for a new trial. He also contends that (1) his trial counsel was ineffective in failing to request a limiting instruction for the testimony regarding the victim’s disclosure of the abuse; (2) the prosecutor committed misconduct by injecting a purported fact outside the record during closing argument and by asking inflammatory and irrelevant questions during defendant’s cross-examination; and (3) there was insufficient evidence to support the conviction on one of the counts. We affirm the judgment.
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