Judge denies Kumeyaay band request to halt border wall construction. Conviction of defendant of multiple counts of child molestation based solely on generic testimony of repeated acts of molestation, unspecified as to time or place, does not violate due process.
In late February, the department announced an officer was under investigation for allegedly touching a woman he was arresting and exposing himself to her. In child molestation case in which evidence indicates jurors might disagree as to the particular act defendant committed, standard instruction requiring jury unanimity as to particular act should be given, but where there is no reasonable likelihood of jury disagreement as to particular acts and the only question is whether defendant in fact committed all of them, jury should be given modified unanimity instruction which, in addition to allowing conviction if jurors unanimously agree on specific acts, also allows conviction if jury unanimously agrees defendant committed all of the acts described by the victim, even if more than the number of acts charged.
Relatives were pictured standing around the wreckage, hugging each other and crying. Retrieved July 8, If a bunch of guys my age had stood guard at that shop, there would have been no need for the teens and we would have told them to go home. Retrieved December 30, Although people at the scene told media that Blake was breaking up a fight between two women, the statement from the association disputes that.
Same acts constituting oral copulation, sodomy, or unlawful sexual intercourse could not be used as basis for conviction for lewd and lascivious conduct. Sentencing court did not err in imposing both upper term and consecutive sentences upon defendant who pled guilty to charges of sexual abuse of children, despite contention that court improperly relied on same facts in imposing both sentences, where, in imposing upper term on principal count, sentencing court relied on facts that defendant, as a day care center operator, occupied and took advantage of a position of trust and demonstrated callous disregard for ages and unsophistication of children, that victims were particularly vulnerable, and that three-year period of crimes demonstrated scheming, careful planning, and premeditation, while sentencing court relied on separate and distinct nature of each act involving different victims and different times in imposing consecutive sentences.
Palmer App. Gray App. Differing treatment afforded persons convicted after January 1, of sex offenses against a person under 14, that is, commitment to Department of Corrections instead of commitment as a mentally disordered sex offender, as opposed to persons convicted of such offenses prior to that date, who were committed as mentally disordered sex offenders under Welf.
Sigala App. In re Mariah T. Stanfield App. Dant App. An attempt to commit a lewd act upon a child requires both an intent to arose, appeal to, or gratify the lust, passions, or sexual desires of the defendant or the child and a direct, if possibly ineffectual, step toward that goal.