Filson

count of committing a lewd or lascivious act upon a child under fourteen years of age (Pen. Code, § 288, subd. (a)), but could not reach agreement on two other identical charges. For this offense defendant was sentenced to state prison for the middle term of six years, with a consecutive term of five years for a prior serious felony conviction (Pen. Code, § 667, subd. (a)). Defendant appeals from the judgment of conviction.

The background necessary for disposition of this appeal lends itself to brevity. The three major charges against defendant were that he had committed sexually provocative touching of the two minor daughters of friends at the conclusion of a party. The incident was reported to police after defendant had departed. Defendant was arrested at approximately 1:15 a.m.; taken to a police station where he was interviewed by a Detective Freitas; and then taken to the hospital, where a blood sample drawn at 1:52 a.m. showed defendant’s alcohol level was .16 percent. The sole defense asserted was that defendant was too intoxicated to form the specific intent needed for conviction. (See People v. Lang (1974) 11 Cal. 3d 134, 141, fn. 5 [ 113 Cal.Rptr. 9 , 520 P.2d…