People v. Scott CA1/5

Filed 8/4/14 P. v. Scott CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A139229

v. (Alameda County Super. Ct. No. H49457)

DANIEL JAMES SCOTT,

Defendant and Appellant. ___________________________________|

A jury convicted Daniel James Scott of misdemeanor assault (Pen. Code, § 240)1 and felony continuous sexual abuse of his daughter, a child under 14 (§ 288.5, subd. (a)). The trial court sentenced him to state prison. Scott appeals. He contends the court erred by instructing the jury pursuant to CALCRIM No. 207 that the prosecution need not prove the crimes took place on specific dates, but rather “happened reasonably close to those dates.” Scott…