Lopez

Defendant Jaime Lopez challenges his convictions for molesting his two stepdaughters, N.E. and C.H. Defendant appeals judgment entered following jury convictions for two counts of the lesser included offense of misdemeanor battery (Pen. Code, § 242; counts 1 and 2) and three counts of committing a lewd act upon a child under the age of 14 (§ 288, subd. (a); counts 3, 4, and 5). The jury also found true the multiple victims enhancement as to counts 3 through 5. (§ 667.61, subds. (b), (o) & (e).)

Defendant contends the trial court erred in permitting the prosecutor to amend the information to add count 4. Defendant asserts that adding the new count was improper because there was no evidence presented at the preliminary examination supporting the additional offense. Defendant also contends the trial court erred in denying his motion for acquittal as to counts 3 and 4; erred in failing to instruct the jury on the requisite concurrence of act and intent in counts 3 and 4; and erred in precluding cross-examination of N.E. regarding her pregnancy and suicide attempt. As to these contentions, we conclude there was no reversible error and affirm the judgment.

Defendant further…