Callan

Mark Steven Callan was convicted by jury of four counts of lewd and lascivious conduct with a child under the age of 14 years (Pen. Code, § 288, subd. (a), (§ 288(a)). After a diagnostic test under section 1203.03, the court granted Callan four years probation conditioned on, among others, serving 270 days in county jail and registering as a sex offender pursuant to section 290. Callan appeals, contending: (1) two counts are barred by the statute of limitations; (2) evidence of the uncharged acts directed at the victim’s younger sister were prejudicially admitted into evidence; (3) the prosecutor failed to elect which acts were being relied upon to support the charges; and (4) instructional error. We shall reverse one count as time barred and affirm the remainder of the judgment.

Facts

As Callan does not challenge the sufficiency of the evidence, we briefly state the facts.

On May 27, 1983, Angelia J. (Angie), 12 years old, told her best friend and Mrs. Christian, a teacher at her school, about two recent incidents of Callan molesting her. On May 26, 1983, and two weeks before, Angie had been driving with Callan when she asked if she could steer the car. Angie got in…