Reeves

The defendant was charged, in separate counts, with three violations of section 288 of the Penal Code, the victims being a boy 9 years old, a boy 7 years old, and a girl 6 years old. He was also charged with a prior conviction. He admitted the prior conviction and pleaded not guilty to each count of the information. A jury found him guilty on each count and his motion for a new trial was denied, as was his application for probation. He was sentenced to state prison, the sentences on the three counts to run concurrently. He was represented at the trial by the public defender, but personally appealed from the judgment and from the order denying a new trial. He is represented on this appeal by an attorney appointed by this court.

It is first contended that the evidence, with respect to the identification of the defendant, was insufficient to justify the verdicts. It is argued that there were inconsistent statements and vagueness in the testimony of the prosecution witnesses, with respect to such identification, which make their testimony incredible; and that when this evidence is compared with the positive and consistent evidence of an alibi offered by the defendant, the evidence so…