Riskin

A juryfound Michael Alexander Riskin guilty in count I of aggravated sexual assault on his daughter, a child under 14 years of age and 10 or more years younger than he (§ 269, subd. (a)), in count III of a forcible lewd act on his daughter, a child under 14 years of age (§ 288, subd. (b)(1)), and in count IV of a lewd act on his son, a child under 14 years of age (§ 288, subd. (a)). The jury found true the count HI allegation of tying or binding his daughter in the commission of the crime (§ 667.61 (“One Strike Law”), subds. (b), (c)(4), (e)(6)) and each count’s allegation of extension of the statute of limitations (former § 803, subd. (g)) (former § 803(g)). The court imposed an aggregate term of 30 years to life (consecutive terms of 15 years to life on counts I and III plus a concurrent term of 6 years on count IV to change to a consecutive term of 6 years on count IV if either the count I term or the count III term were stricken).

First, Riskin argues that instructing the jury on preponderance of the evidence and clear and convincing evidence as the burdens of proof of extension of the statute of limitations and independent corroboration of the children’s…