People v. San Nicolas

Defendant was charged by information with oral copulation with a person under 18 years of age (Pen. Code, § 288a, subd. (b)(1) —count II), forcible rape (§ 261, subd. (2)—count III), and two counts of child molestation with a prior section 288 offense (§ 647a—counts I and IV). A jury found him guilty of oral copulation with a minor, unlawful sexual intercourse (§ 261.5), a lesser offense to forcible rape, and both counts of child molestation. In a bifurcated trial in which defendant waived his right to a jury, the court found that defendant had been previously convicted of a section 288 offense. Defendant appeals contending (1) the court failed to exercise its discretion to exclude prejudicial evidence and (2) failed to force the prosecution to elect the acts relied upon to support the charges alleged in counts I and IV; (3) prosecution of the charges alleged in counts I and IV was barred by the statute of limitations; and (4) the court erred by instructing on the lesser offense of unlawful sexual intercourse. We affirm.

II

Defendant next argues prosecution of the charges alleged in counts I and IV was barred by the statute of limitations. His contention is premised on…