P. v. Buseth
A jury found defendant Martin Leif Buseth guilty of one count of committing a lewd and lascivious act upon a child under 14 years old. The trial court found Buseth had suffered a prior conviction in the State of Michigan for assault with intent to commit criminal sexual conduct involving sexual penetration. The court concluded that offense constituted both a serious and violent felony.
We affirm. The trial court did not err by admitting evidence, under Evidence Code section 1108, showing Buseth previously committed other sexual offenses. The court properly exercised its discretion under Evidence Code section 352 before admitting that evidence. Buseth’s trial counsel did not render ineffective assistance by failing to object to the portions of the prosecutor’s closing argument in which the prosecutor referred to Buseth’s prior sexual offenses.
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