Cannata

— Anthony Wyatt Cannata appeals from the judgment following his conviction on one count of continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a); all further statutory references are to this code unless otherwise specified). He was sentenced to 12 years in prison.

Defendant’s conviction came in his second trial, after his first trial ended in a hung jury. He claims the trial court erred in the second trial by ruling that, if he elected to testify on his own behalf, his statements to a staff member at a psychiatric hospital could be used by the prosecutor for impeachment. According to defendant, this ruling improperly forced him to choose between testifying on his own behalf and maintaining the confidentiality of his privileged psychotherapy communications. We conclude the asserted privilege does not apply and therefore reject this contention.

Defendant also contends the judgment must be reversed because the trial court instructed the jury with CALCRIM Nos. 1110 and 1120, which, he argues, omit a required element of the charged crimes, i.e., that the lewd or lascivious acts were committed “in a lewd or sexual manner.” We conclude the omission, if it was one,…