People v. Howard CA5

INTRODUCTION

Appellant Robert Lee Howard was convicted by a jury of three counts of aggravated sexual assault, in violation of Penal Code1 section 269, and seven counts of lewd and lascivious acts on a child under the age of 14 years, in violation of section 288, subdivision (a). Multiple-victim enhancements, pursuant to section 667.61, subdivisions (b) through (e), also were found true as to each of the seven section 288, subdivision (a), convictions. Howard timely appealed and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm.

FACTS AND PROCEDURAL HISTORY

S.L.B. is Howard’s stepdaughter and was 44 years old at the time of trial. S.L.B.’s mother married Howard when S.L.B. was around three years old. S.L.B. testified at trial pursuant to Evidence Code section 1101, subdivision (b), and section 1108. S.L.B. testified to multiple acts committed by Howard against her when she was a child. When S.L.B. was about three, Howard showed her a picture of a man touching a young girl’s thigh; he then tried to touch her in the same manner. When she was in the first grade, Howard attempted to penetrate her with his penis. On another occasion, Howard…