People v. Forhan CA4/2

I. INTRODUCTION

Defendant and appellant Carl Timothy Forhan was convicted by a jury of one

count of sodomy of a person under the age of 14 years (Pen. Code,1 § 269, subd. (a)(3),

count 1); one count of aggravated sexual assault of a child under the age of 14 (§ 269,

subd. (a)(4), count 2); two counts of oral copulation or sexual penetration of a person

10 years of age or younger (§ 288.7, subds. (a), (b), counts 3, 4); and committing a lewd

and lascivious act upon a child under the age of 14 years (§ 288, subd. (a), count 5)

arising out of a 2009 incident involving his nephew, A.B.

Additionally, defendant was convicted by a jury of 25 counts of committing a

lewd and lascivious act upon a child under the age of 14 years by use of force, violence,

duress, menace, and fear (§ 288, subd. (b)(1), counts 6-30) arising out of incidents from

1991 through 1993 involving defendant’s younger brother, G.F. Additionally, the jury

found true special circumstance allegations that defendant’s commission of counts

through 30 involved substantial sexual conduct with a child under 14 years of age

(§ 1203.066, subd. (a)(8)); defendant committed a qualifying offense against more…