[Download] "In Re William S." by Fourth Appellate District, Division Three Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: In Re William S.
- Author : Fourth Appellate District, Division Three Court of Appeal of California
- Release Date : January 28, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Appellant Santiago Valdez Moreno appeals following his conviction on 12 counts of committing lewd and lascivious acts upon children under the age of 14 years (Pen. Code, § 288, subd. (a)) and two counts of sodomy (§ 286, subd. (c)). He contends (1) the prosecution presented unspecific evidence insufficient to sustain conviction on 10 of the counts; (2) the convictions on counts 12 through 16 must be reversed because the jury might have convicted him based on the lewd and lascivious act underlying count 11; (3) the court erred in failing to instruct on the offense of annoying or molesting a child (§ 647a) as a possible lesser included offense on the counts charging violations of section 288, subdivision (a); (4) the prosecutor committed misconduct by appealing to the passion and prejudice of the jury; and (5) the court improperly imposed the upper term based on the youth of the victims, an inherent element of the offenses involved. We affirm.