Winkle

This appeal is from a judgment entered pursuant to a jury verdict. A jury convicted appellant of committing a lewd act upon a child on and between March 1, 1983, and May 31, 1983, in violation of Penal Code section 288, subdivision (a), a serious offense within the meaning of section 1192.7, subdivision (c)(6). The jury also found that in the commission of the offense, appellant engaged in substantial sexual conduct, i.e., penetration of the vagina of the victim by appellant’s penis, with the victim being a child under the age of 11 years, within the meaning of section 1203.066, subdivision (a)(8), and that appellant occupied a position of special trust with the victim within the meaning of section 1203.066, subdivision (a)(9). We affirm.

Factual and Procedural Background

Dawn C., the victim, was born on June 26, 1977. In 1983, Dawn lived with her mother, Brenda H., and her two brothers in the front part of a duplex. Appellant, Dawn’s uncle, lived in the back of the duplex with his wife and children. Appellant’s wife and Dawn’s mother are sisters. At the time of the trial, appellant was in the process of dissolving his marriage.

In March 1983, Mrs. H. was having…