Crume

Defendant appeals after jury conviction of violation of Penal Code sections 288 (two counts) and 288a (one count). In respect to the latter crime, it was also charged and found by the jury that defendant’s victim was under the age of 14 and he, the defendant, was more than 10 years her senior. The victims of the offenses, Tanya and Tamara Grume, are defendant’s adoptive daughters. They were 13 and 12 years old respectively in February 1974.

Tanya testified to a single incident of sexual molestation occurring during the month of February 1974 in which her father threatened her, penetrated her vagina with his finger, and coerced her to copulate his penis orally.

Tamara testified that in February 1974 the defendant attempted by force to compel her to copulate his penis orally but she refused to do so. Tamara also testified that one month prior to the February 1974 incident, defendant penetrated her vagina with his finger.

In February 1974, Tanya complained to defendant and her mother of defendant’s improper conduct. As a result, a report was made to the sheriff and defendant was arrested.

Defendant, testifying in his defense, denied any improper conduct with the girls.…