People v. Olivas
Annotate this CaseM., born in 1990, testified that when she was five years old and lived with mother and defendant (the father of M.'s half-sisters), defendant told her he wanted to have “father and daughter love.” Defendant began kissing her on the lips using his tongue, and touching her “private parts,” including her chest, vagina, and back. He told her not to tell anyone. M. testified about escalating abuse that continued until 2003, when defendant returned to the home after a domestic violence incident and M. disclosed the abuse. Defendant was charged in 2014 and was convicted of 17 felony counts (Pen. Code, 288.5(a); 288(b)(1); 269(a)(1), (a)(4).) The trial court imposed a 78-year determinate prison sentence for the continuous sexual assault and the forcible lewd act counts and a consecutive indeterminate term of 75 years to life for the aggravated sexual assault counts. The court of appeal reversed with respect to the sexual assault counts. Defendant was prejudiced by the trial court’s incorrectly responding “No” to a question the jury asked during deliberations: “If we are ‘hung’ on a count (ie: 14), are we able to consider the alternate count (ie: 19?)” The court rejected a claim of ineffective assistance of counsel for failing to request an instruction on voluntary intoxication.
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