People v. Van De Water

Defendant was charged in four counts with sexual offenses against a child under 14 on two occasions. Counts I and III, charged commission of lewd and lascivious acts, in violation of section 288a of the Penal Code. He pled not guilty and, after a trial by the court (trial by jury having been duly waived) he was found guilty on all four counts. After a hearing as to his mentally disordered sex offender status, in which he was found not to be mentally disordered, he was sentenced to the middle term of four years on count I and one and one-third years on count II; prison sentences were also imposed on counts II and IV to run concurrent with the sentences on counts I and III. He was given 477 days presentence credit. He has appealed; we affirm.

The child victim testified that, on an occasion in January 1978, while she and her brother were living with defendant and his wife, defendant, in the presence of his wife, Linda, did acts of sexual molestation, including anal copulation. She also testified that, in May of 1978, while she and her mother were living in a motel, defendant, who was babysitting with her, again performed the same acts, but also made her urinate in his…