Meacham

trial by jury, Edwin James Meacham was convicted of nine counts of lewd and lascivious acts on or with the body of a child under fourteen (Pen. Code, § 288, subd. (a), counts I, II, III, IV, V, VI, VII, VIII, X, XI) and one count of lewd and lascivious acts upon or with the body of a child under fourteen by use of force, violence, duress, menace, or threat of great bodily harm (Pen. Code, § 288, subd. (b), count IX). Appellant was sentenced to state prison for the seven-year upper term on count I, consecutive sentences were imposed for counts II, III, IV, V, VI, VII, X and XI, and a full" five-year middle term consecutive sentence was imposed for count IX, for a total sentence of twenty-six years and eight months. Appellant appeals from the judgment.

Contentions

Appellant contends on appeal: . . .*(2) an erroneous instruction based on People v. Austin was given to the jury, . . .* (4) the court erroneously admitted irrelevant and prejudicial testimony concerning behavioral changes in the children, (5) the trial court erroneously admitted hearsay statements which provided the essential “touching” element necessary for conviction.

We have determined that this case must…