Schulz

1. Introduction

Defendant Kenneth Lee Schulz appeals from his conviction after court trial based on the preliminary hearing transcript of six counts of sexually molesting his niece, who was then under fourteen years of age. (Pen. Code, § 288.) Five subdivision (a) counts (one through six, except four) involved lewdly or lasciviously touching her body with the intent of arousing, appealing to, or gratifying his or her lust, passion, or sexual desires. One subdivision (b) count (count four) involved such touching by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on said child or another person. Defendant was sentenced to seven years’ imprisonment, consisting of the three-year lower term on count one, three concurrent three-year terms on counts two, three, and five, and two consecutive two-year terms (one-third the midterm) on counts four and six.

On appeal defendant contends (1) the charges and the testimony were so vague as to deny him due process, (2) several charges were barred by the statute of limitations, (3) both an adverse factual finding by the magistrate and insufficient evidence prohibit his subdivision (b) conviction,…