Britt

People v. Britt

Good Law
104 Cal. App. 4th 500·128 Cal. Rptr. 2d 290·2002 Cal. App. LEXIS 5171·2002 Daily Journal DAR 14210·2002 Cal. Daily Op. Serv. 12099
Court of Appeal of CaliforniaDecember 17, 2002C039621California2,113 words

Opinion

Opinion

Callahan, J.

A jury convicted defendant Douglas Richard Britt of one count of burglary (Pen. Code, § 459), one count of indecent exposure (id., § 314, subd. 1), and one count of annoying or molesting a child (id., § 647.6, subd. (a)). Special allegations that Britt had sustained a prior misdemeanor indecent exposure conviction and a 1987 felony conviction for lewd and lascivious conduct with a child (id, § 288, subd. (a)) were found true in separate proceedings.

Britt appeals from a judgment sending him to state prison for 17 years. He claims insufficiency of the evidence to support his conviction, improper admission of uncharged instances of sexual misconduct, and instructional error. He also seeks reversal of his convictions under the “special versus general” doctrine and attacks his sentence on constitutional grounds. We reject these arguments and affirm.

Background

On January 17, 2000, 14-year-old Heather H. and her 10-year-old sister Sarah H. were living with their mother at the Canyon Terrace Apartments in Folsom. The sisters shared the same bedroom. The previous night they had closed and locked their bedroom window and drawn the blinds. The screen, however, had been removed…

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