Owens

Tommie Lee Owens appeals his conviction by jury trial of continuous sexual abuse of a child. (Pen. Code, § 288.5.) He contends the trial court committed instructional and evidentiary error and that the verdicts are inconsistent.

Facts

Jana G. was 11 years old at the time of trial. Her mother, Julia B., married appellant in 1987 and Jana referred to him as “Dad.” The family lived in Dixon, Redding, Sacramento and at two different locations in Vacaville. In Vacaville appellant, Jana, her mother, grandmother and two brothers lived together from November 1989 until February 1991, when appellant moved out.

Jana testified that appellant first touched her “private parts” shortly after appellant and her mother were married, when she was seven years old. He continued to do so when they lived in Redding, Sacramento and Vacaville. The acts included rubbing her bare or clothed “bottom,” inserting his finger in her “bottom,” and rubbing, licking and inserting his finger in her vagina. She estimated that he rubbed her vagina more than 10 times. If Jana’s brothers or grandmother were home, these acts would take place in appellant’s locked bedroom. Otherwise, they occurred in Jana’s…