P. v. Rios
Jose Luis Rios appeals his conviction, by jury, of sexual penetration by a foreign object of a person under 16 years of age (Pen. Code, § 289, subd. (i))[1], and one misdemeanor count of sexual battery. (§ 243.4, subd. (e)(1).) The trial court sentenced appellant to prison for the middle term of two years for the section 289 violation and a concurrent term of 180 days for the misdemeanor conviction. Appellant contends the trial court erred when it failed to hold a hearing on his motion, pursuant to Evidence Code section 782, to introduce evidence that the 15-year old complaining witness had not yet disclosed her pregnancy to her parents when she accused appellant of these offenses. He further contends the trial court erred when it instructed the jury in terms of CALCRIM No. 361. Finally, appellant contends statements he made to police before he was advised of his Miranda[2] rights should have been excluded from evidence. We affirm.
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