People v. Maugeri CA3

Filed 6/13/16 P. v. Maugeri CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C078271

Plaintiff and Respondent, (Super. Ct. No. 14F577)

v.

RONALD RAY MAUGERI,

Defendant and Appellant.

Defendant Ronald Ray Maugeri was found guilty by jury of lewd or lascivious acts with a child under the age of 14 years. (Pen. Code, § 288, subd. (a).) On appeal, defendant claims the trial court erred in admitting evidence of prior sexual misconduct (Evid. Code, § 1108),1 and violated his right to confront the victim by improperly restricting cross-examination. We affirm the judgment.

1 Undesignated statutory references are to the Evidence Code.

1

FACTUAL AND PROCEDURAL BACKGROUND In or around 1999 or 2000, defendant sexually molested Allison W. at least five times. Each time, he rubbed her vagina. Allison, who was born in 1995, was about four and a half years old at the time. In November 2014, defendant was charged with three counts of lewd or lascivious acts with a child under the age of 14. (Pen. Code, § 288, subd. (a).) It was specially alleged the crimes fell within the statute of limitations. (Pen. Code, § 801.1, subd. (a).) It was also alleged defendant had a prior serious felony conviction for child molesting. (Pen. Code, §§ 1170.12, 667.61, subds. (a), (d)(1), 667, subd. (a)(1).) Over defendant’s objections and pursuant to section 1108, the court admitted evidence defendant sexually molested three other children. Heidi B. testified, when she was about 12, in or around 1988, defendant rubbed and digitally penetrated her vagina while she was sleeping at his house. The incident was reported to police when it happened, and Heidi recalled speaking to a police officer and testifying in court, but it is unclear what happened to any charges. Tiffany G. testified, when she was about four years old, in or around 1991 or 1992, defendant, who is her uncle, rubbed and digitally penetrated her genitals and vagina. He pulled out his fingers, smelled them, and had her smell them. No criminal charges were filed against defendant. The parties also stipulated defendant was convicted in 1992 of forcible lewd or lascivious acts with T.S., who was eight years old at the time. There was no evidence about the conduct involved. After trial, the jury found defendant guilty, and found true the allegation regarding the statute of limitations, and that defendant had a prior serious felony for child molestation. The court sentenced defendant to five years plus 150 years to life.