(Super. Ct. No. 09F06004)
The opinion of the court was delivered by: Butz ,j.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Following a jury trial, defendant Odis James Williams was convicted on two counts of substantial sexual conduct with a minor under the age of 14 (Pen. Code, § 288.5, subd. (a)),*fn1 orally copulating a person under the age of 18 (§ 288a, subd. (b)(1)), and unlawful sexual intercourse with a minor more than three years younger than defendant (§ 261.5, subd. (c)). Sentenced to a term of two years eight months in state prison, plus 30 years to life, defendant appeals his conviction.
On appeal, defendant contends the trial court erred in allowing the prosecution to introduce defendant's prior sexual offenses under Evidence Code section 1108 to show defendant's propensity for sexually abusing young girls. Defendant also contends that CALCRIM No. 1191, with which the jury was instructed, wrongly allowed the jury to "use two prior episodes of lewd and lascivious conduct, proved merely by the preponderance of the evidence, as a direct link in the chain of evidence establishing [defendant's] guilt as to the charged offenses." We find defendant's claims to have no merit and shall affirm the judgment.
In August 2009, defendant was charged with substantial sexual conduct with two of his stepdaughters, Cynthia F., a minor under the age of 14, and Erica F., also a minor under the age of 14. Defendant also was charged with orally copulating a friend of his stepdaughters, Briana M., a person under the age of 18, and having unlawful sexual intercourse with Briana M., a person more than three years younger than defendant. Defendant pleaded not guilty to the charges. Jury trial began on December 1, 2010. Each of defendant's victims testified at trial.
Cynthia F. was 18 years old when she testified at trial. Her mother, G.W., was married to defendant. Defendant first came to live with Cynthia and her family when Cynthia was about six or seven years old. Around that same time, defendant began washing Cynthia in the shower.
Defendant began touching Cynthia's breasts when she was eight years old. After Cynthia's mom went to work, defendant had Cynthia get in bed with him and watch people on television having sex. Defendant told Cynthia, "this is what you do to your husband or your boyfriend." Defendant put his hard penis against Cynthia's butt and her leg. While watching pornography with Cynthia, defendant touched her all over, moving his hand on her vagina under her clothes.
Before she was 12, defendant repeatedly forced Cynthia to orally copulate him. Defendant would ejaculate in Cynthia's mouth and on her skin; defendant told her seminal fluid was good for her skin. Then, when Cynthia was 12, defendant raped her--taking her virginity. Cynthia estimated that, over the next several years, defendant made Cynthia have oral and vaginal sex with him between 50 and 70 times. Cynthia never told her mother that defendant was abusing her, and defendant told Cynthia not to tell anybody what he was doing to her.
Cynthia also saw defendant abusing her older sister, Erica. Cynthia saw defendant raping Erica vaginally, ordering Erica to give him oral sex, and defendant performing oral sex on Erica. Oftentimes, defendant would alternate raping the two girls while they were in the same room.
Cynthia believed sex was one of the things fathers were supposed to teach their daughters. When Cynthia was 11 years old, defendant told her to shave the hair off of her vagina and showed her how to do it.
In early 2009, Cynthia's mother, G.W., walked into the room as defendant was starting to get on top of Cynthia in order to rape her. Cynthia's mother began yelling and hitting defendant, saying things like, "What did I just see?"
Cynthia's older sister, Erica F., was 19 years old when she testified. Defendant began living with their family when Erica was seven years old. While Erica was seven, defendant began touching her by rubbing her breasts, legs, inner thigh, back, and shoulders. Defendant also washed Erica in the shower. While she was still seven, defendant grabbed Erica's hand, put it on his penis, and forced her to masturbate him.
When Erica was eight, defendant raped her in his bedroom; at the conclusion of the assault, defendant ejaculated. Defendant also forced Erica to orally copulate him. Defendant asked Erica to tell him when it hurt, but she remained quiet. Erica estimated that, before she turned 14, defendant raped her over 600 times. Defendant forced Erica to orally copulate him to get his penis erect. During these numerous assaults, defendant ...