Hecker

Defendant George Charles Hecker appeals after a jury found him guilty on five counts of committing a lewd or lascivious act with a minor under the age of fourteen by means of force (Pen. Code, § 288, subd. (b)) and one count of committing such an act without force (§ 288, subd. (a)). He argues the court erroneously excused a juror midtrial and made two improper evidentiary rulings. He also asserts that the evidence supporting two of the counts was insufficient to establish that the acts were accomplished by means of force. With the exception of his last contention, we reject his arguments. We modify the judgment to reduce his convictions on two counts to violations of section 288, subdivision (a). As modified, we affirm the judgment.

Factual and Procedural Background

The victim, Gail A., was Hecker’s stepdaughter. She was born December 2, 1972, and was 12 or 13 at the time of the alleged offenses. Before trial, the prosecution specified that three of the five section 288, subdivision (b) counts (oral copulation by Gail, oral copulation of Gail, and rape by foreign object) and the section 288, subdivision (a) count (nonforcible fondling of Gail’s breasts) related to an…