People v. Huetter CA3

Filed 12/5/23 P. v. Huetter CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C096128

v. (Super. Ct. No. 19FE017034)

KEVIN RAY HUETTER,

Defendant and Appellant.

Defendant Kevin Ray Huetter kissed I.R. and touched her genitalia when she was six years old. A jury convicted defendant on five counts of committing a lewd and lascivious act on a child under the age of 14 years, and the trial court sentenced him to 16 years in prison. On appeal, defendant contends (1) the trial court abused its discretion in admitting uncharged sexual misconduct evidence, and (2) if we find the first contention forfeited based on defense counsel’s failure to object, his counsel provided ineffective assistance.

1

Addressing the first contention on the merits, we find no abuse of discretion. Accordingly, we need not address the second contention. We will affirm the judgment. BACKGROUND A In April 2018, when I.R. was six years old, I.R.’s and defendant’s families lived just one house apart from each other and the families frequently spent time together. I.R’s parents were friends with defendant and his wife and I.R. often played with defendant’s two minor children. One night, defendant’s children slept over in I.R.’s living room. I.R. shared a couch with one of defendant’s children, and defendant’s other child slept under the coffee table. I.R.’s parents slept in their bedroom. Defendant came into I.R.’s home four times through the garage. Throughout the evening, defendant kissed I.R. on the lips, asked her to pee in a glass that was on the table, asked if she wanted to see his genitalia, and reached under her clothes and touched her genitalia. I.R. testified that defendant touched her genitalia three times, then testified that he touched her genitalia four times. She said he twice inserted his fingers into her genitalia. Defendant told I.R. not to tell her parents what happened, because they would be mad and she would be in trouble. After defendant left the fourth time, I.R. fell asleep. When I.R. woke up, she told her parents what happened. B The prosecutor sought in limine to admit evidence of uncharged prior sexual offenses committed by defendant against two adult women, J.C. and S.R., under 1 Evidence Code section 1108. Because on appeal defendant only challenges the evidence involving J.C., we only recount that background.