Waldie

1. Introduction

A jury convicted defendant Wayne Clair Waldie of two counts of lewd and lascivious conduct against a child under the age of 14 years. (§ 288, subd. (a).) The court found true the allegations of two one-year prior enhancements involving drug offenses. (§ 667.5, subd. (b).) The court sentenced defendant to a total prison term of 10 years.

On appeal, defendant challenges the court’s refusal to allow evidence of prior molestation allegations made by the victim against someone else. Additionally, defendant claims the court erred by permitting comment on defendant’s prearrest silence and his lack of cooperation with the investigation. Defendant asserts the prosecutor committed error by displaying to the jury the word “GUILTY” on his laptop computer. Finally, defendant seeks clarification of the abstract of judgment concerning the court’s restitution orders.

We conclude it was error under the Fifth Amendment to allow evidence and argument about defendant’s prearrest silence but we deem the error harmless.

We reject defendant’s other claims of error and affirm the judgment but remand for the trial court to correct the restitution orders.

2. Factual and…