Vincze

Appellant Joseph David Vincze was committed to state prison for a term of 47 years after a jury convicted him of multiple counts of lewd and lascivious conduct. (See Pen. Code, § 288, subd. (a).) He appeals, contending that: (1) the trial court erred by not instructing the jury sua sponte on the lesser included offense of contributing to the delinquency of a minor on three of the eighteen charges; (2) he was denied effective assistance of counsel; (3) the trial court improperly excluded certain evidence; and (4) his due process rights were violated by the prosecution’s failure to disclose evidence favorable to him at trial and by the state’s failure to provide him with the record on appeal. We affirm the judgment.

I. Facts

In 1988 appellant Joseph David Vincze met coworker Debra M. Later that year, he befriended two of Debra’s children, nine-year-old Rachel and seven-year-old John, as well as Rachel’s friend, nine-year-old Tiffany D. He visited Debra’s home and took the children on outings to McDonald’s, shopping malls, skating rinks and amusement parks. He paid for their outings, often buying them food and gifts. The children later told their parents that Vincze had…