Scott

I. INTRODUCTION

A jury found defendant guilty of violating Penal Code section 285 (incest), based on evidence that he had sexual intercourse with his 18-year-old daughter. In a bifurcated trial, the trial court found that defendant had one prior strike conviction, a 1991 robbery conviction. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Defendant was sentenced to six years in prison, consisting of the aggravated term of three years doubled to six years based on the prior strike conviction. Defendant appeals. Relying on Lawrence v. Texas (2003) 539 U.S. 558 [ 156 L.Ed.2d 508 , 123 S.Ct. 2472 ] (Lawrence), defendant contends that his section 285 (incest) conviction violates his Fourteenth Amendment due process rights because the statute criminalizes sexual intercourse between consenting adults. For the reasons that follow, we reject this contention and affirm the judgment.

II. STATEMENT OF FACTS

Defendant’s daughter, Jane Doe, turned 18 years old in December 2004. Several days later, on December 22, Doe celebrated her birthday at her sister’s house. Doe’s mother, defendant, and other family members attended the birthday party. Doe was raised by another relative and…