People v. Khalif CA4/2

I. INTRODUCTION

On September 17, 2014, a jury convicted defendant and appellant, Wael Fayaez

Khalif, of attempted unlawful sexual intercourse with a minor (Pen. Code, §§ 664, 261.5,

subd. (c), count 1),1 and of going to meet with a minor for lewd purposes (§ 288.4, subd.

(b), count 2). Defendant was sentenced to state prison on count 2 for four years and to a

consecutive four-month term on count 1. The trial court stayed execution of defendant’s

sentence, and placed defendant on supervised probation for 36 months, with various

terms and conditions, including that he serve 210 days in county jail.

On this appeal, defendant challenges both convictions, arguing (1) there was

insufficient evidence to support either conviction, (2) the evidence showed he was

entrapped into committing both offenses as a matter of law, (3) the trial court erred in not

giving a unanimity instruction sua sponte on count 2, and (4) the trial court erred in

admitting evidence of defendant’s prior sexual offense. Defendant also asserts the

combined effect of the trial errors violated his constitutional due process rights. The

People concede that defendant’s count 1 conviction for attempted…