Levesque

Joseph Levesque appeals his convictions of violating Penal Code section 288, subdivision (a), (count one) and section 647.6 (count two). The court also found true allegations of a prior section 288, subdivision (a) conviction and prior felony convictions for rape and burglary. Pursuant to section 667.51, subdivision (d) the court sentenced appellant to imprisonment for 15 years to life for the section 288, subdivision (a) violation, and a consecutive term of 16 months (one third the middle term) for the section 647.6 violation.

Facts

In August of 1992, appellant went on a picnic with J.J., age 12, Rosalia, age 9, their mother and their stepfather. Kerlett, age 7, and her parents also joined them. The four parents eventually left the children with appellant.

Appellant drove the children to an ice cream parlor. While they were there, Kerlett looked underneath the table and saw that appellant’s penis was exposed underneath his shorts. She told Rosalia who also looked and saw it. J.J. noticed it as well.

Appellant then took the children to a pet store where he bought goldfish for JJ. After the pet store, appellant took the children to his home. Appellant telephoned…