P. v. Thompson
Appellant Jason Javon Thompson, convicted of one count of sexual assault of a child under the age of 14 and one count of continuous sexual abuse of a child, contends he was not competent to stand trial and that the trial court’s contrary finding was not supported by substantial evidence. He further contends: (1) the trial court erred in permitting the jury to see the videotape of his police interview because his Miranda waiver was not knowingly or intelligently made and the statements were obtained by coercion;[1] (2) the court erred in failing to instruct the jury on the lesser offense of sodomy with a minor; (3) the court erred in excluding certain opinion testimony from appellant’s half-brother and stepfather concerning his intellectual ability; (4) the court abused its discretion in denying a request for a continuance to obtain the appearance of appellant’s psychological expert; (5) the denial of the continuance violated his due process rights; (6) counsel’s failure to secure the appearance of the psychologist represented ineffective assistance of counsel; (7) CALCRIM No. 1120 erroneously negates one of the elements of the crime of continuous sexual abuse and is argumentative; (8) the court imposed a consecutive sentence on the continuous sexual abuse count under the erroneous impression that it was mandatory; (9) the court failed to explain its reasons for imposing consecutive terms; and (10) the imposition of a $500 restitution fine was not supported by substantial evidence of ability to pay. We remand for resentencing on the continuous sexual abuse count and otherwise affirm.
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