Plyler

Introduction

Donald Wesley Plyler was convicted after jury trial of three counts of committing a lewd and lascivious act upon a child by force or duress (Pen. Code, § 288, subd. (b)). He was acquitted of one count of rape with a foreign object by force. The trial court reduced the offenses to violations of section 288, subdivision (a) (lewd and lascivious act upon a child without force), and sentenced appellant to state prison for a term of 12 years. Plyler appeals from this judgment.

Statement of Facts

Appellant was convicted of the molestation of two young girls, Cecilia S. and Tina G., whom he had befriended and photographed regularly. A professional photographer, he had met both girls on the street and photographed them with their parents’ permission. Appellant met Cecilia (nine years old), Tina (eight years old) and their friend Dawn L. (ten years old) in 1981.

Discussion

I.

Admissibility of Tape Recordings of Appellant’s Telephone Conversations With Tina

Appellant contends the tape recording of his telephone conversation with Tina on January 21, 1989, was inadmissible under the Fourth, Fifth, and Sixth Amendments to the United States Constitution and under…