Dancer

I. Statement of the Case

Defendant Don Dancer appeals from a judgment entered after a jury found him guilty of five counts of lewd and lascivious conduct upon a child and one count of attempted lewd conduct and the court found that he suffered a prior conviction for forced oral copulation on a minor. He claims he was denied his right to the assistance of conflict-free counsel. He claims the court erred in admitting evidence concerning the circumstances of his prior felony conviction and in failing to release the victim’s psychological records. Finally, he claims the court erred in imposing an aggravated sentence. We affirm the judgment.

II. Facts

In January 1993, Janet H. (hereafter, mother) and her four-year-old daughter Emily moved into an apartment complex in Campbell. Mother soon met defendant, a friendly, elderly man, who lived downstairs in the same complex. Defendant specially befriended Emily, giving her candy and ice cream, which they would eat on his front porch. They played together in the courtyard of the complex. Emily would also go to an exercise room in defendant’s garage, where she played on his equipment and a mattress he kept there. Emily grew to like…