O'CONNOR

People v. O'CONNOR

Good Law
10 Cal. Rptr. 2d 530·1992 Cal. App. LEXIS 984·8 Cal. App. 4th 941·92 Daily Journal DAR 11101·92 Cal. Daily Op. Serv. 6963
Court of Appeal of CaliforniaAugust 7, 1992B052152California3,649 words

Opinion

Opinion

Woods, J.

Appellant was charged with 20 counts of child molestation (Pen. Code, § 288, subd. (a)) involving 5 boys. Various no probation provisions were alleged. (§§ 1203.066, subd. (a)(3), 1203.066, subd. (a)(7), 1203.066, subd. (a)(8)). Trial was by the court. A judgment of acquittal (§ 1118) was entered as to all six counts involving three of the boys (Victor, Francisco, and Steven). The trial court convicted appellant of all 14 counts involving the other 2 boys (Israel and Pedro). The court sentenced appellant to a thirty-four-year state prison term, eight years (the upper term) on one count and one-third of the middle term (six years), i.e., two years, on each of the other thirteen counts.

Appellant contends: (1) a special statute (§ 311.4, subd. (c)) precludes conviction under the general statute (§ 288, subd. (a)), (2) insufficient evidence supports some or all of the 14 counts, (3) the court erred in admitting appellant’s sexually explicit sketches, (4) the court erred in failing to entertain an in-trial suppression motion, and (5) the court committed sentencing error.

We find the contentions lack merit and affirm the judgment.

Factual Background

Although appellant…

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