Fair

Statement of the Case

Appellant, James (Sonny) Fair, was charged with lewd and lascivious conduct with a child under the age of 14 in violation of Penal Code section 288, subdivision (a). It was also alleged that he occupied a position of special trust and committed an act of substantial sexual conduct within the meaning of Penal Code section 1203.066, subdivision (a)(9). A jury found appellant guilty as charged and found true the allegations that he occupied a position of special trust and committed an act of substantial sexual conduct (§ 1203.066 allegations). Appellant appeals from the judgment on the jury verdict, contending the trial court erred prejudicially in admitting evidence of the victim’s out-of-court statements to others under the doctrine of “fresh complaint” and in denying his Penal Code section 1118.1 motion for acquittal on the section 1203.066 allegations. We find appellant’s contentions meritless and affirm the judgment.

Statement of Facts

Appellant was the live-in boyfriend of Janet B. He and Janet shared a home with Janet’s two sons, Kwami, age ten, and Cecil, age five. At about 5:40 a.p. on November 15, 1986, Janet’s sister, Diane, came by…