Clair

People v. Clair

Good Law
129 Cal. Rptr. 3d 35·197 Cal. App. 4th 949·2011 Cal. App. LEXIS 954
Court of Appeal of CaliforniaJuly 21, 2011No. A127163California4,425 words

Opinion

Lead Opinion

Jones, J.

*952 Opinion

A jury convicted appellant George Anton Clair of 46 felony counts, including committing lewd and lascivious acts with his daughter, Jane Doe, a child under 14 years (Pen. Code, § 288, subd. (a) (counts 2-6)), 1 felony child endangerment (§ 273a, subd. (a) (count 9)) and distribution of child pornography (§ 311.2, subd. (c) (counts 27-45)). The trial court sentenced appellant to state prison.

Appellant raises three claims on appeal. First, he contends there was insufficient evidence he endangered Doe under circumstances or conditions “likely to cause great bodily harm or death” pursuant to section 273a, subdivision (a) (count 9). Next, appellant claims the court should have stayed execution of sentence pursuant to section 654 on three convictions for committing a lewd and lascivious act on Doe in violation of section 288, subdivision (a) (counts 2-6). Finally, he claims the court was required by section 654 to stay execution of sentence on four convictions for distributing child pornography in violation of section 311.2, subdivision (c) (counts 28, 30, 40 & 42) because “[t]he transmission of multiple emails in rapid succession to a single recipient constitutes an…

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