Rose

Robert Clark Rose appeals his convictions by a jury of 10 counts of lewd and lascivious acts upon a child in violation of Penal Code section 288, subdivision (a). After the verdicts, the trial court granted appellant’s motion for a new trial, then reversed itself pursuant to a motion for reconsideration and denied the motion for a new trial. Appellant claims that the trial court had no jurisdiction to reverse itself and deny the motion for a new trial. We disagree and affirm the judgment.

Facts

When the victim, Christina F., was 12 years old, she met appellant, who persuaded her to attend an event at the St. Mary Magdalene Church in Camarillo sponsored by a religious education program called Catholic Christian Doctrine (CCD).

After participating in the event, Christina attended weekly CCD meetings and monthly CCD recreational activities on a regular basis. Appellant was in charge of the weekly meetings. Their relationship grew into friendship. Since Christina’s mother usually was tardy in picking her up from the weekly CCD meetings due to the mother’s night classes, appellant volunteered to drive her to and from the meetings. Christina and appellant talked on the…