Neel

A jury found that, from September 1990 through May 1991, defendant committed nine acts of lewd conduct with his nine-year old daughter. The jury determined that six of the acts, in which the daughter either orally copulated defendant or masturbated his penis with her hand, were accomplished by means of force. On one occasion, with his hand defendant “push[ed] [the victim’s] head down ... on his private.” When the victim “tried to back [her] head up,” defendant “would push it down ’till he made [her] mouth touch his private . . . .” In five incidents, defendant would “hold [the victim’s] wrist and make [her] hand go up and down” on his penis. The victim would try to pull her hand away, but was unable to do so. The three acts which the jury found were not accomplished by force involved defendant touching the victim’s vagina with his finger or penis. Convicted of six counts of violating Penal Code section 288, subdivision (b) and three counts of violating Penal Code section 288, subdivision (a), and found to have had substantial sexual conduct with a victim under eleven years of age (Pen. Code, § 1203.066, subd. (a)(8)), he was sentenced to state prison for a term of…