Edwards

An 11-count information accused defendant of various violations of sections 261, 288 and 288a of the Penal Code. After the prosecution moved to dismiss three counts and certain counts of the information were renumbered, the case went to trial before a jury on the following charges:

Counts IV and VI alleged that the victims were under the age of 14 years and that defendant was more than 10 years older than they.

After a jury trial which consumed all or part of 8 days defendant was acquitted on counts I and II and found guilty on count III through VIII. The 10-year age difference alleged in counts TV and VI was found to be true. After abortive mentally disordered sex offender proceedings and a commitment for observation under section 1203.03 of the Penal Code, probation was eventually denied and defendant was sentenced to concurrent prison terms on counts III, V, VII and VIII. Sentences on counts IV and VI were ordered to run concurrently with each other, but a stay of execution was granted as to those counts. (People v. Niles, 227 Cal.App.2d 749, 754-756 [ 39 Cal.Rptr. 11 ].)

Facts

No contention with respect to the sufficiency of the evidence is made. Therefore no…