Tobias

Defendant was convicted by jury trial of ten counts of incest (Pen.Code, § 285) with his daughter. He pleaded guilty to one misdemeanor count of failing to register as a sex offender (Pen.Code, § 290, subd. (g)). The court found true an allegation that defendant had suffered a prior conviction within the meaning of Penal Code sections 667, subdivisions (b) to (i) and 1170.12. Defendant was committed to state prison for 18 years. On appeal, he asserts that (1) his trial counsel was prejudicially deficient in (a) failing to seek redaction of three words spoken by defendant on an incriminating tape-recording of a conversation between defendant and his daughter and (b) failing to bring a motion to suppress defendant's tape-recorded confession to the police as involuntary, (2) the trial court prejudicially erred in failing to instruct the jury that defendant's daughter was an accomplice whose testimony should be viewed with caution and required corroboration, (3) the trial court reversibly erred in instructing the jury on the consanguinity element of incest when it told the jury that a father-daughter relationship satisfied the consanguinity requirement, (4) there was…