P.

Filed 8/2/13 P. v. Smith 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Placer) ----

THE PEOPLE, C071701

Plaintiff and Respondent, (Super. Ct. No. 62-108412)

v.

DONALD ALBERT SMITH,

Defendant and Appellant.

A jury found defendant Donald Albert Smith guilty of one count of a lewd and lascivious act upon a child under the age of 14 years. (Pen. Code, § 288, subd. (a).)1 The trial court sentenced him to eight years in state prison. On appeal, defendant contends the trial court abused its discretion in admitting prior convictions, erred in failing to instruct the jury on attempted lewd and lascivious acts on a child, and failed to obtain a waiver of his right to be present during a critical stage of the proceedings. We…