Filed 12/21/22 P. v. Leon CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, B322696 Plaintiff and Respondent, (Fresno County v. Super. Ct. No. F16907319) JOSE GOMEZ LEON, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Hamlin, Judge. Affirmed. Janet J. Gray, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein, Eric L. Christoffersen and Jennifer M. Poe, Deputy Attorneys General, for Plaintiff and Respondent. ********** Defendant and appellant Jose Gomez Leon appeals from his conviction by jury of nine counts of aggravated sexual assault of a child and one count of committing a forcible lewd act upon a child. The victim was defendant’s biological daughter who was under the age of 14 at the time the assaults occurred. Defendant raises numerous contentions of evidentiary error, instructional error, sentencing error and ineffective assistance of counsel. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged by amended information with 10 felony counts, all of which were alleged to have occurred during the period from July 23, 2014, through December 5, 2016: four counts of aggravated sexual assault (rape) of a child under the age of 14 by an individual more than seven years older than the child (Pen. Code, § 261, subd. (a)(2), § 269, subd. (a)(1); counts 1–4); two counts of aggravated sexual assault (sexual penetration) of a child under the age of 14 by an individual more than seven years older than the child (§ 269, subd. (a)(5), § 289, subd. (a)(1)(B); counts 5 & 6); two counts of aggravated sexual assault (oral copulation) of a child under the age of 14 by an individual more than 10 years older than the child (§ 269, subd. (a)(4), § 287, subd. (c)(2); counts 7 & 8); one count of aggravated sexual assault (sodomy) of a child under the age of 14 by an individual more than 10 years older than the child (§ 269, subd. (a)(3), § 286, subd. (c)(1); count 9); and one count of committing a forcible lewd act upon a child under the age of 14 (§ 288, subd. (b)(1); count 10). Testimony of the Victim M., who was 16 years old at the time of trial in August 2019, testified about how defendant, her father, molested her for over two years. She said the abuse began in 2014 when she was 2 11 and did not end until December 5, 2016. The first time defendant abused M., they were alone in the house. Defendant …
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