People v. Johnson

Certified for Partial Publication. [*]

Lonnie Johnson appeals his convictions on one count of continuous sexual abuse upon a minor and other multiple counts of lewdness and sodomy. He claims the court erred in denying him an opportunity to cross-examine the victim's mother on allegations of the victim's past molestation experiences. In the unpublished section of this opinion, we find any error in excluding this evidence harmless.

Johnson also asserts the court erred in staying the sentences, rather than striking the convictions on the individual lewdness and sodomy counts. Johnson is correct. Johnson was charged with and convicted of continuous sexual abuse and individual sexual felonies which allegedly occurred during the same time period as the continuous sexual abuse. Pursuant to Penal Code [1] section 288.5, subdivision (c), however, such charges must be alleged in the alternative. The prosecutor failed to comply with section 288.5, subdivision (c). Accordingly, we reverse his convictions for the individual counts of lewdness and sodomy, but affirm his conviction for continuous sexual abuse.

In February 1998, the then seven year old, Robert W. told his mother…