Filed 2/22/22 P. v. Trujillo CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT THE PEOPLE, F077583 Plaintiff and Respondent, (Super. Ct. No. MCR046166) v. JESUS GONZALEZ TRUJILLO, OPINION Defendant and Appellant. APPEAL from a judgment of the Superior Court of Madera County. Dale J. Blea, Judge. Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Cameron M. Goodman, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Appellant Jesus Gonzalez Trujillo was convicted by jury of two counts of forcible lewd and lascivious acts against a child 14 years or younger (Pen. Code, 1 § 288, 1 Further undesignated statutory references are to the Penal Code. subd. (b)(1); counts 2 & 6) against two separate victims, and one count of lewd and lascivious acts against a child 14 years or younger (§ 288, subd. (a); count 3) against a third victim. The jury also found true as to all counts that appellant committed the offenses against multiple victims (§ 667.61, subds. (b) & (e)(4)). Appellant was sentenced to consecutive indeterminate terms of 15 years to life on each count, for an aggregate term of 45 years to life. On appeal, appellant argues his convictions on counts 2 and 3 must be reversed because the trial court erred by admitting statements that he made to law enforcement and by excluding expert testimony on false confessions. Appellant also contends his conviction on count 6 must be reversed because the prosecution’s theory at the preliminary hearing was “inconsistent and irreconcilable” with their theory at trial and because the jury was misinstructed on how to evaluate evidence of uncharged acts. We conclude appellant’s statements to law enforcement were taken in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), and the court reversibly erred by allowing them to be admitted into evidence. We therefore reverse appellant’s convictions on counts 2 and 3 and remand for a new trial. As such, we conclude appellant’s contention regarding the expert testimony is moot and do not reach its merits. In all other respects, the judgment is affirmed. FACTUAL AND PROCEDURAL BACKGROUND Appellant was charged with sexual crimes against four minor victims: E.G., Y.S., Li.R., and Lo.R. Appellant was charged with forcible lewd and lascivious acts against a child 14 years or younger (§ 288, subd. (b)(1)) against E.G. (count 2), Li.R. (count 5), and Lo.R. (count 6) and a lewd and lascivious act against a child 14 years or younger (§ 288, subd. (a)) against Y.S. (count 3).2 2 Appellant was also charged with …
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