Jimenez

Certified for Partial Publication. [*]

Defendant was convicted by a jury of three counts of lewd and lascivious acts on a child under the age of 14 years (Pen. Code, § 288, subd. (a); further undesignated section references are to the Penal Code) and three counts of forcible lewd and lascivious acts on a child under the age of 14 years (Pen.Code, § 288, subd. (b)). Sentenced to an aggregate state prison term of 12 years, defendant appeals.

In the published portion of this opinion, we conclude that defendant was properly convicted of multiple violations of Penal Code section 288 arising from a single incident, during which he fondled several different areas of the victim's body. In the unpublished portion of the opinion, we reject defendant's other contentions. We affirm the judgment.

In November 1996, seven-year-old D.G. (hereafter D.) moved to a house on Norstrom Way in Sacramento with her mother and brother. Defendant lived across the street and a couple of houses down with his wife and four sons. D.'s family and defendant's family soon became friends and D. often played at defendant's house with defendant's son, A. On several occasions, she spent the night in the…