Brown
People v. Brown
Opinion
Opinion
Anderson, J.
By amended information, the Alameda District Attorney accused defendant Tommy Lee Brown (appellant) of 2 counts of lewd and lascivious conduct on a child 14 or 15 years old, where defendant is at least 10 years older (Pen. Code, § 288, former subd. (c)) and 2 counts of penetration by a foreign object (§ 289, subd. former (a)). The jury convicted appellant of all four counts. The court sentenced him to two consecutive, three-year terms for the penetration convictions and stayed the lewd act convictions, for a total sentence of six years.
On appeal appellant maintains the court erred in failing to deliver unanimity instructions. He further contends the court erred in instructing in accordance with CALJIC No. 2.21.2. We find no prejudicial error and affirm.
I. Facts
In 1993 appellant and his wife of six and one-half years, lived in Oakland, along with Latina and Daniel, the wife’s two children from a previous marriage. Appellant was 49 at the time; Latina was 15 and Daniel was a few years younger. Appellant “went on disability” in April 1992. He was “on disability” because of stress, arthritis and “major depression.” Consequently, he was home every day.