People v. McGaw CA3

Filed 8/18/14 P. v. McGaw CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento)

THE PEOPLE, C068312

Plaintiff and Respondent, (Super. Ct. No. 10F00998)

v.

CLIVE MCGAW,

Defendant and Appellant.

A jury found defendant Clive McGaw guilty of committing an act of oral copulation with a person physically or mentally incapable of giving consent, to wit, his daughter A.M., who was born with Down syndrome (Pen. Code, § 288a, subd. (g); count one)1; two counts of committing lewd and lascivious acts upon a dependent person, A.M., by a caretaker (§ 288, subd. (c)(2); counts two & three); and failing to register as a sex offender (§ 290.018, subd. (b); count four). The jury also found true allegations defendant had…