Nicholson

On appeal from a judgment of conviction for lewd and lascivious conduct upon the body of a child under the age of 14 years appellant contends that the sentencing court erred in committing him to prison on this count since he already had commenced serving a lesser term on a different count, and that the court also erred in sentencing him on a lesser included offense. Neither claim has merit.

The Evidence

On August 30, 1977, the victim, S., an 11-year-old girl, decided to leave home because of a disagreement with her mother. She went to the home of a 16- to 17-year-old male friend; among those present was appellant, aged 18. When S. informed appellant that she was 13 and that she had run away from home, he said she could stay at his place. She accepted the invitation because she did not want her mother to discover her whereabouts.

Appellant and S. watched television in his home most of the afternoon in the company of his sisters and a friend of theirs. When the others left at about 5 p.m., appellant asked.S. whether she “would do something if a friend asked,” and she responded that it depended on the question. He led her by the hand to the den where he told her to take…