Baughman

Defendant Ricky Verrell Baughman was convicted after a jury trial of incest, oral copulation of a person under the age of 16, and 10 counts of lewd and lascivious acts upon a child more than 10 years younger than defendant. Sentenced to nine years eight months in state prison, defendant appeals. He contends there was insufficient evidence to support three of the counts for committing lewd and lascivious acts and that the trial court erred in failing to instruct the jury with a specific acts unanimity instruction as to the incest count. He also contends his upper term sentence violates Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ].

When this matter was previously before us, we concluded defendant had forfeited his Blakely argument by failing to object in the trial court. The California Supreme Court granted review and transferred the matter back to this court with directions to vacate our decision and reconsider the cause in light of People v. French (2008) 43 Cal.4th 36 [ 73 Cal.Rptr.3d 605 , 178 P.3d 1100 ], Having now done so, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The victim, E, was bom in November 1989. She and…