Diaz

Introduction

Guillermo Diaz was charged in the information with eight counts of violation of Penal Code section 288, subdivision (a). The counts were cast in the language of the statute and covered broad periods of time, as long as four years.

After a jury trial, defendant was found guilty of three counts of annoying or molesting a minor (Pen. Code, § 647a), four counts of lewd or lascivious conduct against a child less than 14 years old (Pen. Code, § 288, subd. (a)), and one count of attempted lewd or lascivious conduct against a child under 14 (Pen. Code, §§ 664 and 288, subd. (a)). The prosecution presented evidence of acts in addition to those charged.

On appeal the defendant contends that he was entitled to a jury unanimity instruction or, alternatively, to an election by the prosecution as to which specific act it relied upon to prove each count, and also contends that he was denied effective assistance of counsel. We find these contentions to be without merit for the reasons discussed below and affirm the judgment.

Facts

The defendant lived with his nieces and nephews as part of an extended family that shared a small home. Most of the children slept in the…