People v. John W.

John W. (appellant) was convicted by a jury of committing a lewd and lascivious act upon a child (Pen. Code, § 288, subd. (a)) and of engaging in an act of unlawful sexual intercourse (Pen. Code, § 261.5). The victim in both counts was appellant’s stepdaughter, Leann who was 11 years old at the time the incidents took place. Leann testified that on the night of July 7, 1984, she, her mother and appellant were watching a movie on television when at one point she noticed that appellant had no clothes on. When Leann’s mother left the room to go to the bathroom appellant approached Leann, removed her pajama bottoms and underwear and touched her vagina with his hand. Subsequently, appellant engaged in an act of sexual intercourse with Leann.

Appellant argues that his convictions must be reversed because (1) the trial court erroneously excluded testimony of a psychologist that appellant was not a sexual deviant; (2) the jury was improperly instructed with CALJIC No. 2.03 (4th ed. 1979); and (3) the jury was improperly instructed with CALJIC No. 2.51. We find no error and affirm the judgment.

I

Testimony of Psychologist Properly Excluded

During trial appellant sought to…