Woodward

Defendant Heath Daniel Woodward was charged with two counts of forcible lewd conduct with a child under the age of 14 (Pen. Code, § 288, subd. (b)(1)) and one count of possessing material depicting a minor engaged in sexual conduct or simulated sexual conduct (child pornography), a misdemeanor (§311.11, subd. (a)). A jury found the defendant not guilty of both forcible lewd conduct charges, but guilty of a lesser included charge of lewd conduct (§ 288, subd. (a)) and possessing child pornography (§ 311.11, subd. (a)). Defendant was sentenced to the upper term of eight years in state prison for lewd conduct, to be followed by one year in county jail for possessing child pornography.

On appeal, defendant contends (1) the exclusion of evidence of the child victim’s other sexual contacts was reversible error, and (2) the trial court’s erroneous instmction on the affirmative defense to child pornography possession violated due process principles. We discern no prejudicial error, and shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

We state the facts in favor of the judgment.

A. Prosecution Case

K.Z. and defendant were married in 1992, and had two children, a…