Arevalo-Iraheta

J.—A jury convicted defendant Felix Antonio Arevalo-Iraheta of five counts of lewd and lascivious behavior with a child under the age of 14 (counts 6 through 10—Pen. Code, § 288, subd. (a)). 1 The jury deadlocked on five counts of aggravated sexual assault on a child under the age of 14 (counts 1 through 5—§ 269, subd. (a)(1)). The court dismissed counts 1 through 5 upon the People’s motion. The court sentenced defendant to an aggregate determinate prison term of 16 years. On appeal, defendant contends the court erred in permitting the People to amend the information *1578 midtrial to add five additional counts (the counts for which defendant was convicted), committed judicial misconduct in ruling on defendant’s section 1118.1 motion in the presence of the jury, and in failing to give a unanimity instruction as requested. We affirm the judgment.

FACTUAL AND PROCEDURAL HISTORY

The victim’s mother moved from El Salvador to Riverside in May 2005. While residing in the United States, the victim’s mother had two children with defendant. This angered the victim. She wanted her mother to return to El Salvador; she testified that her mother stayed in the United States solely…