P. v. Flynn CA3

Filed 3/13/13 P. v. Flynn CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C069862

Plaintiff and Respondent, (Super. Ct. No. 10F02146)

v.

JAMES FLYNN,

Defendant and Appellant.

Defendant, who was like a grandfather to victim F., was found guilty of molesting him nine times over a three-year period. Defendant appeals from the resulting 24-year prison sentence, raising a number of evidentiary contentions. Finding the contentions forfeited or lack merit, we affirm. FACTUAL AND PROCEDURAL BACKGROUND A The Prosecution F.’s mother began dating defendant’s stepson when F. was about six or seven years old. The stepson lived with defendant on a ranch in Galt, and F. spent a lot of time

1

visiting. Much of the time, F. would watch television in defendant’s room with him. Defendant also would take F. shopping and buy F. “everything [he] wanted.” Soon, they began showering naked together almost every Sunday before church. They also began sleeping together in defendant’s bed with the door locked. The molestation started when defendant told F. that F. “was getting older and that eventually [he] would have to learn how to . . . please a woman.” Defendant said he “was going to show [him] what to do.” Defendant and F. got naked, and defendant had F. orally copulate him. F. did not think there was anything wrong because he thought defendant was “teaching [him] what he said he was teaching [him].” On many other occasions, F. would have to stroke defendant’s penis as well. One time, defendant tried to put his penis in F.’s “butt,” but F. told him “no,” and defendant stopped. Defendant told F. not to tell anybody about the molests or else F. “would get in trouble.” Defendant stopped molesting F. when he was about 10 or 11. After F.’s mom and defendant’s stepson broke up, defendant continued his presence in the lives of F., his mother, and his sister. Defendant continued taking F. to church and gave him a gold cross and chain for his first holy communion. He gave F. and F.’s sister a computer and laptop computer. He bought F. school clothes and sneakers. He enrolled F. in soccer and paid for his fees and equipment and attended all his practices and games. He took F. to Rome to see the pope when F. was 12 years old. At some point, defendant’s visits diminished. Defendant canceled a cell phone contract for F., which accompanied the cell phone defendant had also bought him. F. became concerned that defendant’s visits were diminishing and he wondered why. When F. was about 13, he realized what defendant had done was wrong. When F. was 15, he told his girlfriend he had been molested. A few days later, he told his mom and his sister. After telling his family, F. tried to commit suicide by hanging himself by a