Mabini
People v. Mabini
Opinion
Lead Opinion
Yegan, J.
Jaime Bandal Mabini appeals from the judgment entered following his conviction by jury on two counts of committing a lewd act upon a child. (Pen. Code, § 288, subd. (a).) 1 He was sentenced to prison for eight years.
The counts involved different victims: Sheila R. and Kayla C. Appellant challenges his conviction only on the count involving Sheila R. The generally applicable six-year statute of limitations (§ 800) had expired on this charge. However, the jury found true the allegation that the charge had been timely filed under section 803, subdivision (g). This statute requires, inter alia, that the victim’s testimony be clearly and convincingly corroborated by independent evidence. (§ 803, subd. (g)(2)(B), hereafter the corroboration requirement.) Appellant contends that the evidence is insufficient to support the true finding because Sheila R.’s testimony was not adequately corroborated. In addition, he argues that the trial court erroneously instructed the jury on the standard of proof applicable to the corroboration requirement. We affirm.
*657 Facts
Sheila R. was bom in 1983. Appellant, her grandfather, lived in the same house with her from 1991 to 1994. From the…