Moon

People v. Moon

Good Law
165 Cal. App. 3d 1074·1985 Cal. App. LEXIS 1792·212 Cal. Rptr. 101
Court of Appeal of CaliforniaMarch 22, 1985No. A025709California2,463 words

Opinion

Lead Opinion

Scott, J.

Appellant Alfred Carl Moon, Jr., was convicted by a jury of two counts of lewd conduct with a child under the age of 14 years (Pen. Code, § 288, subd. (a)), two counts of unlawful sexual intercourse (Pen. Code, § 261.5), and one count of molesting a child under the age of 18 (Pen. Code, § 647a). The principal issue in this appeal is whether, in light of People v. Tassell (1984) 36 Cal.3d 77 [ 201 Cal.Rptr. 567 , 679 P.2d 1 ], the trial court erred in admitting evidence of several prior, not remote uncharged sexual offenses committed by appellant against the three prosecuting witnesses, to prove his disposition or intent toward each of those victims. We conclude that notwithstanding Tassell , the court did not err, and affirm the judgment.

I

Appellant lived with Donna H. and her three daughters. In September 1974, when he moved in, Marie H. was ten years old, Janenine was five, and Michaelle, three.

Marie, who was 19 at the time of the trial, testified that when she was 17, appellant had intercourse with her in her bedroom in November 1981, and in September or October of that same year.

Marie also testified that appellant first took a sexual interest in her shortly…

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