Hord

Defendant, Kenneth Noel Hord, was convicted of one count of lewd and lascivious acts committed by use of force or fear (Pen. Code, § 288, subd. (b)) and one count of continuous sexual abuse of a child (§ 288.5), arising from his molestations of his stepdaughter Monica. Defendant appeals, claiming numerous errors. The contentions discussed in the unpublished portion of this opinion are claims of instructional error, prosecutorial misconduct, and improper multiple convictions and consecutive sentences. Our published discussion covers defendant’s claims that it was improper to prosecute him for separate offenses under sections 288 and 288.5 and that the jury committed misconduct. We affirm.

Facts

Lori H. married defendant in 1985. Lori’s two children, Monica (born June 19, 1978) and Asa, lived with them. After defendant and Lori were married, defendant began hitting Lori, Monica and Asa.

During 1989, when Monica was 11 years old, defendant threatened to beat her and caused her to remove her clothes. He touched her vaginal area with his hand and fingers. On one occasion in 1989, Monica was coming out of the shower and was covered with only a towel. Defendant told her to…