Newlun

People v. Newlun

Good Law
1991 Cal. App. LEXIS 167·227 Cal. App. 3d 1590·278 Cal. Rptr. 550·91 Daily Journal DAR 2560·91 Cal. Daily Op. Serv. 1581
Court of Appeal of CaliforniaFebruary 28, 1991C003272California4,992 words

Opinion

Opinion

Sims, J.

Defendant Charles Newlun was convicted by jury of 15 counts of lewd and lascivious acts with a child under the age of 14 (Pen. Code, § 288, subd. (a); hereafter section 288(a)).

On appeal he raises numerous contentions of error, including denial of due process, admission of incompetent testimony, and instructional error. He contends further that the evidence was insufficient to justify his conviction. Finally, he alleges ineffective assistance of counsel.

In an opinion previously filed in this case we affirmed the judgment. Our Supreme Court granted review and thereafter remanded the case to this court with directions to vacate our original opinion and reconsider the matter in light of People v. Jones (1990) 51 Cal.3d 294 [ 270 Cal.Rptr. 611 , 792 P.2d 643 ], We requested supplemental briefing from the parties on the application of Jones to this case. Having received and considered the parties’ supplemental briefs, we again affirm the judgment.

In this published portion of the opinion, we consider and reject defendant’s contentions that the evidence does not support the judgment and that he was denied fair notice of the charges against him. In an unpublished portion of…

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