People v. Murphey CA5

INTRODUCTION

Appellant/defendant David Allen Murphey was convicted of four counts of committing lewd acts upon a child under the age of 14 years (Pen. Code, § 288, subd. (a));1 with the special allegations that defendant engaged in substantial sexual

All further statutory references are to the Penal Code unless otherwise indicated. conduct with a victim under the age of 14 years (§ 1203.066, subd. (a)(8)); one count of attempting to commit lewd acts on a child (§§ 664/288, subd. (a)); and one count of exhibiting harmful matter with intent to seduce a minor (§ 288.2, subd. (a)). The victim was his stepdaughter, who disclosed the molestations to her mother (defendant’s wife) when she was nine years old, and reported that defendant began to molest her when she was five years old. Defendant was sentenced to 15 years eight months in prison, and the court ordered defendant to pay noneconomic restitution of $250,000 to the victim. On appeal, defendant contends the court abused its discretion when it received the verdicts and polled the jury, and one juror initially failed to affirm the verdicts. Defendant asserts the court should have immediately ordered the jury to resume…