Elmore

People v. Elmore

Good Law
1990 Cal. App. LEXIS 1276·225 Cal. App. 3d 953·275 Cal. Rptr. 315·90 Cal. Daily Op. Serv. 8591
Court of Appeal of CaliforniaNovember 28, 1990A047698California2,143 words

Opinion

Opinion

Reardon, J.

A jury convicted appellant David Elmore of lewd conduct with a child under age 14. (Pen. Code, § 288, subd. (b).) The court found that he had served two prior prison terms and sentenced him to a new ten-year term. (See § 667.5, subd. (b).) He appeals, contending that there was insufficient evidence to support the findings that he had served two prior prison terms. We affirm the judgment, including the sentence.

I. Facts

In light of the limited issue before us, a lengthy discussion of the underlying facts of this case is not necessary. Appellant David Elmore was convicted of forcible lewd conduct against his 11-year-old daughter. (See § 288, subd. (b).) This offense was alleged to have occurred in December 1987. The information also alleged that Elmore had suffered five prior convictions resulting in prison terms. In a bifurcated trial, the court found that Elmore suffered two of these prior convictions: a March 1983 conviction for battery on a peace officer resulting in injury and a December 1978 petty theft conviction with a prior conviction. (§§ 243, subd. (c), 484, 666.) The trial court dismissed the other prior prison term allegations. Elmore was sentenced to ten…

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