Caird

David Terrence Caird, defendant and appellant, appeals from the judgment entered following his conviction, by jury trial, for two counts of lewd act on a child and one count of forcible lewd act on a child (Pen. Code, § 288, subds. (a), (b)). Sentenced to a state prison term of 18 years, Caird contends: the trial court erroneously denied his motion to represent himself at trial; the trial court erroneously allowed the forcible lewd act verdict to be entered; there was insufficient evidence to support an HIV testing order. The People contend the abstract of judgment must be amended to reflect an order to pay restitution.

As modified, the judgment will be affirmed.

Background

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence established the following.

1. Prosecution evidence.

Defendant David Terrence Caird is the uncle of J. and B., his brother’s two daughters. In 1986 or 1987, Caird moved in with his brother’s family, becoming a full-time house guest. He moved out sometime in 1989.

In 1994, J. told a peer counselor at school she had been sexually abused by her…