People v. Alvarez CA2/8

Filed 5/23/22 P. v. Alvarez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B313409

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA148344) v.

MARIO ALVAREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Laura R. Walton, Judge. Affirmed.

Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Mario Alvarez appeals from his conviction on 16 charges, including three counts of forcible rape of a minor. Defendant was sentenced to prison for 150 years to life. Defendant contends the court erred by admitting testimony regarding child sexual abuse accommodation syndrome (CSAAS) and that his trial counsel was ineffective in failing to oppose the admission of such evidence on all appropriate grounds and in failing to object to testimony by one of the investigating detectives. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with one count of forcible oral copulation with a minor over the age of 14 (Pen. Code, former § 288a, subd. (c)(2)(C), renumbered § 287, subd. (c)(2)(C); count 1); three counts of forcible rape of a minor over the age of 14 (§ 261, subd. (a)(2); counts 2, 5 & 9); three counts of forcible sodomy with a minor 14 years or older (§ 286, subd. (c)(2)(C); counts 3, 7 & 11); two counts of forcible sodomy with a minor under the age of 16 (§ 286, subd. (b)(2); counts 4 & 13); two counts of unlawful sexual intercourse with a minor under the age of 16 (§ 261.5, subd. (d); counts 6 & 10); two counts of sodomy with a victim under the age of 18 (§ 286, subd. (b)(1); counts 8 & 12); three counts of lewd act upon a child under the age of 14 (§ 288, subd. (a); counts 14, 15 & 16); and one count of sexual battery (§ 243.4, subd. (e)(1); count 17). Multiple victim allegations were alleged as to counts 1, 2, 3, 5, 7, 9, 11, 14, 15 and 16 (§ 667.61, subds. (b) & (e)). Count 13 was dismissed during trial. The charges arose from allegations of abuse made by two half sisters who were both minors during the time the abuse occurred. The two victims lived with an older half sister who