Christensen

Defendant Scott Andrew Christensen was convicted of multiple counts of lewd acts upon a child under the age of 14 (Pen. Code, § 288, subd. (a)). In his first trial, he was convicted with respect to his acts against one victim, Spencer S., but the jury deadlocked with respect to his acts against another victim, Joshua K. Defendant argues the court made various errors in the retrial on the counts pertaining to Joshua. He says the court erred in admitting both the testimony Joshua gave in the first trial (Evid. Code, § 240, subd. (a)(3)) and the evidence of the prior offense against Spencer (Evid. Code, §§ 352, 1108). He also contends that his convictions should be reversed due to prosecutorial misconduct and that his sentence of 27 years to life is excessive. We disagree as to each point and affirm.

I

FACTS

A. Background

Defendant was a leader at an afterschool daycare program at an elementary school. The daycare program operated out of portable classrooms on the school campus. Sometimes, the leaders would show movies and they often would sit on the floor with the children.

In 2002 or 2003, when Zachary S. was in the second or third grade, defendant sat down next to…