Adames

Ernest Anthony Adames appeals from the judgment entered following a jury trial that resulted in his conviction of continuous sexual abuse of a child (Pen. Code, § 288.5) and the order requiring him to submit to testing for acquired immune deficiency syndrome (AIDS) (§ 1202.1). He was sentenced to prison for the upper term of 16 years.

Appellant contends that his constitutional rights to a fair trial by jury and to due process under the federal Constitution (U.S. Const., 6th & 14th Amends.) were abridged by the trial court’s failure to give a unanimity instruction on the specific acts underlying the charged crime and by section 288.5 itself, which on its face authorizes the jury to convict him based on findings that he had committed three “acts” without requiring the jury to agree on the same three acts.

He contends the trial court erred in excluding evidence of past molestation of the victim’s mother for the purpose of impeaching her testimony. He further contends the court erred in giving both CALJIC Nos. 2.27 and 10.60, which he asserts improperly enhanced the victim’s testimony by allowing the jury to consider it without corroboration while inferring corroboration of…