FOR PARTIAL PUBLICATION[*]]
from a judgment of the Superior Court of San Joaquin County,
No. SF113430A, Bobby W. McNatt, Judge.
Affirmed in part and reversed in part.
Navarro, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris, Attorney General, Dane R. Gillette, Chief
Assistant Attorney General, Michael P. Farrell, Assistant
Attorney General, Sean M. McCoy and Stephanie A. Mitchell,
Deputy Attorneys General, for Plaintiff and Respondent.
by Nicholson, J., with Raye, P. J., and Murray, J.,
Cal.Rptr.3d 889] NICHOLSON, J.
Defendant Eugene Scott Snyder appeals from a judgment
convicting him of nine counts of child molestation and one
count of possessing child pornography. He contends (1)
insufficient evidence supports one count of committing lewd
acts upon a child under the age of 14 and (2) the trial court
abused its discretion under Evidence Code section 352 by
admitting into evidence nearly 100 images of child
pornography confiscated from defendant's residence. We
agree with defendant's first contention but disagree with
his second. We affirm the judgment except to reverse it as to
one count of molestation.
was born in December 1985. She testified at defendant's
2011 trial at the age of 25. Her grandmother raised her.
met defendant at a Native American pow-wow she and her
grandmother attended in the summer before she started eighth
grade. She was 13 years old. Defendant was 36 years
old. L.T.'s grandmother's car broke
down, and defendant agreed to take them home. Defendant and
L.T. flirted on the way home.
began seeing L.T. at her home on a regular basis and became a
family friend. When L.T.'s grandmother was there, he
treated L.T. like a normal kid, but when she was not there,
he treated L.T. as a girlfriend. They held hands and kissed.
soon began having sex. They had sexual encounters " so
many times." We describe the evidence supporting each of
the eight counts concerning L.T. as specifically alleged in
1: Summer 1999, " 'First Time Sexual
Intercourse,'" Penal Code Section 288, Subdivision
the summer while she was still 13 years old, L.T. invited
defendant into her bedroom. She told him she wanted to have
sex. It was their first time. They had [204 Cal.Rptr.3d 890]
intercourse on the bed. When the intercourse became painful,
L.T. asked defendant to stop, and he did.
2: Summer 1999--December 4, 1999, "
'Kissing,'" Section 288, Subdivision
that summer and up until L.T.'s 14th birthday, defendant
and L.T. kissed frequently and intimately.
3: Summer 1999--December 4, 1999, " 'Intercourse
Between 1st Time & While
Menstr[u]ating,'" Section 288,
still 13 years old, L.T. skipped school and spent the day
with defendant in a motel room. They had intercourse multiple
times. Defendant audiotaped them having sex and photographed
her orally copulating him. L.T. often skipped school in order
to be with defendant.
4 and 5: October 1999--December 4, 1999, " 'Sexual
Intercourse While Menstruating,'" Sections 269, 288,
times, defendant and L.T. would have sex in his truck while
parked in a church parking lot. Defendant had a mattress in
his truck bed, and a camper shell covered the bed. Defendant
would pick L.T. up around 7:00 a.m., and they would have sex
before she went to school.
time in the fall or winter of 1999, when they were having sex
in the truck at the church parking lot, L.T. asked defendant
to stop. She had been menstruating at the time. She told
defendant she did not want to continue and to get off her,
but he continued to orgasm. L.T. began crying; he apologized
and drove her to school. L.T. said this incident happened
when she was 13 years old, but she could not remember the
time of year.
6: Summer 1999--December 4, 1999, " 'Finger in
Vagina,'" Section 288, Subdivision (a)
the summer of 1999, defendant digitally penetrated L.T. while
they sat in his truck at Angel Cruz Park. L.T. knew this act
happened when she was 13; the penetration hurt her because
she and defendant had not had much sexual contact prior to
7: Summer 1999--December 4, 1999, " 'Sexual
Intercourse @ Grandma's House After 1st Time,'"
Section 288, Subdivision (a)
testified she was 13 years old the second time she and
defendant had sex, but she could not remember where the
second time occurred. They had sex in many places, including
" in my house." L.T. said it was nighttime the
second time she and defendant had sex at her
grandmother's house, but she could not recall the exact
month when it occurred.
8: December 5, 1999--December 4, 2000, " 'Sexual
Intercourse While 14 Years Old,'" Section ...