P. v. Chavez CA3
Defendant Michael Joseph Chavez, Jr., was convicted of twelve counts of lewd and lascivious conduct with a child who is under the age of 14 years for molesting his daughter and his stepdaughter. (Pen. Code, § 288, subd. (b)(1).) He was sentenced to an aggregate term of 96 years in prison.
On appeal, defendant contends the court erred in admitting evidence of consensual sexual acts with his former wife, evidence of uncharged sexual acts with his daughter, and testimony that he did not respond when his stepdaughter asked him if he could take a lie detector test about the abuse allegations. He claims the errors were cumulatively prejudicial, violating his federal and state constitutional rights to due process and a fair trial. Conceding he did not object to the evidence of the uncharged acts with his daughter, defendant contends his counsel was ineffective for failing to object. He also contends the court erred in calculating his presentence custody credits. We agree defendant i
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