Marquez

Defendant and appellant Servando Marquez appeals from the judgment entered following a jury trial that resulted in his conviction of three counts of lewd conduct upon a child under the age of 14. He contends: the trial court erred in (1) limiting defense counsel’s cross-examination of a codefendant who pleaded guilty to molesting the victim; (2) refusing to instruct the jury that the codefendant had molested the victim during the same time period in which defendant was accused of having done so; (3) giving CALJIC No. 10.41; and (4) failing to state reasons for imposing consecutive sentences. In the published portion of this opinion, we conclude that CALJIC No. 10.41 correctly defines a lewd act within the meaning of Penal Code section 288, subdivision (a) as “any touching . . . with the specific intent to arouse, appeal to, or gratify the sexual desires of either party.”

In the unpublished portion of the opinion, we reject defendant’s other contentions and modify the judgment to correct an error in the calculation of presentence custody credits.

Procedural Background

Defendant was charged by information with committing a lewd act upon Roger G., a child under the age of…