Woodward

People v. Woodward

Good Law
127 Cal. Rptr. 3d 117·196 Cal. App. 4th 1143·2011 Cal. App. LEXIS 844
Court of Appeal of CaliforniaMay 31, 2011No. C063517California3,184 words

Opinion

Lead Opinion

Hoch, J.

In People v. Woodward (2004) 116 Cal.App.4th 821 [ 10 Cal.Rptr.3d 779 ], we affirmed defendant Daniel Woodward’s convictions for possessing child pornography (Pen. Code, § 311.11, subd. (a)) 1 and committing a lewd and lascivious act on a child under the age of 14 (§ 288, subd. (a)) against B., his daughter. (116 Cal.App.4th at pp. 825-826.) While defendant was serving the resulting prison sentence, the Sacramento County District Attorney charged defendant with committing two counts of lewd and lascivious acts on a child under the age of 14 against T.C. and A.G. (§ 288, subd. (a).) Defendant was also alleged to have committed the offenses against multiple victims within the meaning of the “One Strike” law. (Former § 667.61, subd. (e)(5); One Strike Law.)

*1146 A jury convicted defendant as charged and found true the multiple victim allegation. The trial court sentenced defendant to an aggregate term of 30 years to life in prison, composed of consecutive 15-year-to-life sentences.

On appeal, defendant contends (1) the prosecution commenced this case after the applicable six-year statute of limitations had run, (2) the failure to plead that he was not eligible for…

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