California Court of Appeal

Defendant's conviction and sentence for discrete sexual offenses as well as one count of continuous sexual abuse are affirmed, but modified, where: 1) because defendant failed to demur to the information, defendant forfeited the issue of whether he was illegally convicted of a discrete sexual offense which occurred during the same time period as was alleged for the continuous sexual abuse; 2) defendant was not denied effective assistance of counsel because it is not reasonably probable defendant would have obtained a better result if defense counsel had demurred to the information; 3) the trial court did not abuse its discretion by admitting the text messages and photographs; and 4) the record supports the trial court's award of presentence custody credits but the court erred by failing to award presentence conduct credits.

Appellate Information

• Decided 04/24/2014
• Published 04/24/2014

Judges

• NICHOLSON

Court

• California Court of Appeal

Counsel