Moore

Defendant Peter Clement Moore was convicted by a jury of five counts of misdemeanor child annoyance or molestation (Pen. Code, § 647a), and acquitted of one misdemeanor and four child-related felony counts (Pen. Code, §§ 647a, 288, subd. (a), 273a). His contentions on appeal are that (1) the trial court erred in failing to grant a motion to sever the misdemeanor counts from the felony charges; (2) the court erred in failing sua sponte to instruct on the unanimity requirement as to the particular act underlying the charges; (3) the convictions with respect to one victim were not supported by substantial evidence; (4) a preliminary hearing defect rendered conviction on one count unlawful; and (5) the court erred in considering improper matter at sentencing.

Facts

An information charged defendant with three counts of felony child molestation (Pen. Code, § 288, subd. (a)) and one count of felony child endangerment (Pen. Code, § 273a) committed against Tania C., a minor under the age of 14. The information also charged defendant with six counts of misdemeanor child molestation or annoyance (Pen. Code, § 647a) committed against five different minor girls, Cherisse P., April…