People v. Palmer

Appellant Harry R. Palmer appeals the judgment following his conviction for continuous sexual abuse and misdemeanor molestation of his grandsons. After review, we reverse and remand for resentencing and affirm in all other respects.

Factual and Procedural Background

In accord with the usual rules of appellate review, we state the facts in the light most favorable to the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ].) Over several years, appellant Harry R. Palmer sexually molested his preadolescent and adolescent grandsons, whom we identify by the initials “A,” “B,” and “C” in order to protect their identities. When A was 17 years old, appellant orally copulated him at least twice. When B was younger than 14 years old, appellant orally copulated him at least once and they repeatedly engaged in mutual masturbation. When C was younger than 14, appellant fondled and repeatedly orally copulated him. In addition, appellant encouraged B and C to engage in mutual sexual conduct with each other in his presence.

In December 1999, an information was filed against appellant. It alleged appellant had committed misdemeanor child…