Baughman

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] OPINION

Defendant Ricky Verrell Baughman was convicted after a jury trial of incest, oral copulation of a person under the age of 16, and 10 counts of lewd and lascivious acts upon a child more than 10 years younger than defendant. Sentenced to nine years eight months in state prison, defendant appeals. He contends there was insufficient evidence to support three of the counts for committing lewd and lascivious acts and that the trial court erred in failing to instruct the jury with a specific acts unanimity instruction as to the incest count. He also contends his upper term sentence violates Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ]. We reject his contentions and affirm the judgment.

"Q: [A]nd do you know what it is that you're testifying about?

"A: Yes.

"Q: And what's that?

"A: Because me and my dad, uhmmm, we had sex.

"Q: Okay. How long ago was it that that first happened?

"A: It was a little while after Christmas, I think.

"Q: Do you remember what year it was?

"A: It was of `04.

"Q: Okay. So it was —…