Veale

Following a court trial, defendant Brett Warner Veale was convicted of three counts of committing a lewd act upon a child under the age of 14 by force, fear, or duress (Pen. Code, § 288, subd. (b); counts 3, 4 & 5). As a result, defendant was sentenced to an aggregate term of 18 years in state prison: consecutive middle terms of six years for each count pursuant to section 667.6, subdivision (d).

Defendant contends that there was insufficient evidence that he used force, fear, or duress in committing each of the counts. Defendant also argues that Judicial Council of California Criminal Jury Instructions (2007-2008) CALCRIM No. 1111, on lewd or lascivious acts by force or fear, incorrectly states that a violation of section 288, subdivision (b) can be committed by means of fear even in the absence of a threat. We reject defendant’s contentions and affirm the judgment.

1. Facts

In 2002, defendant moved in with Brianna and her mother, Leea (mother). A month later mother and defendant married. The three lived with mother’s parents and brother.

Shortly after defendant moved in, when Brianna was six or seven years old, defendant began molesting her. The molestation normally…