Maguire

People v. Maguire

Good Law
102 Cal. App. 4th 396·125 Cal. Rptr. 2d 556·2002 Cal. App. LEXIS 4693·2002 Daily Journal DAR 11197·2002 Cal. Daily Op. Serv. 9928
Court of Appeal of CaliforniaSeptember 25, 20022d Crim. No. B150839California1,949 words

Opinion

Opinion

Coffee, J.

Appellant Phillip Michael Maguire was sentenced to a six-year prison term after a jury convicted him of committing a lewd act on Wendy S., a child under 14 years of age. (Pen. Code, § 288, subd. (a).) The case was prosecuted under the extended statute of limitations established by section 803, subdivision (g). Appellant raises several challenges to the constitutionality of the extended limitations period, its applicability to his case, and the admission of uncharged sexual offenses to prove criminal propensity. We affirm.

Facts

Wendy S. was bom in 1980. When she was about six years old, her mother, Linda R., began dating appellant. During their relationship, appellant often stayed the night at Linda’s condominium in Santa Barbara.

Wendy sometimes had nightmares and would come into her mother’s bedroom in the middle of the night to be comforted. When Linda would get up in the morning to get ready for work, appellant would remain in bed and pull Wendy toward him in a “spooning” position. Once he held her by the shoulders and mbbed his penis against her backside until he ejaculated. Appellant also touched Wendy’s vaginal and chest area several times when they were in the…

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