Herman

Certified for Partial Publication. [*]

Defendant Daniel Lee Herman was convicted of numerous charges of engaging and attempting to engage in lewd conduct with minors, and soliciting minors to engage in lewd conduct with him. On appeal he contends that (1) the statute governing criminal solicitation does not reach the conduct shown by the evidence; (2) the evidence was insufficient to support the convictions for attempted child molestation; (3) prosecution on certain 30-year-old charges was barred by the statute of limitations; (4) the admission of uncharged acts to support those older charges was an unconstitutional application of an ex post facto law; and (5) a pattern jury instruction concerning the relevance of uncharged acts is unconstitutional. We sustain the first contention and direct dismissal of the solicitation charges. In all other respects we affirm the judgment.

Defendant was charged by consolidated information with 24 counts involving 11 victims. The oldest charges were five counts of lewd acts from 1969 to 1972 upon Karen P., then defendant's minor stepdaughter, in violation of Penal Code section 288, subdivision (a). [1] The majority of the…