People v. Smith

Defendant was convicted by jury of molesting a victim from the time she was eight years old until she turned 15. Sentenced to 18 years in state prison, he appeals.

On appeal, defendant raises issues concerning (1) the statute of limitations, (2) jury instructions, (3) restitution, and (4) sentencing. Except for the need to make some minor modifications to the judgment, we find no merit in defendant’s contentions of error. We therefore modify and affirm the judgment.

PROCEDURE

The district attorney charged defendant by information with one count of committing a lewd act on a child under 14 (count I; committed between Jan. *420 1, 1987, and Aug. 10, 1988; Pen. Code, § 288, subd. (a)) 1 and one count of continuous sexual abuse (count II; committed between Aug. 11, 1988, and Aug. 9, 1993; § 288.5). A jury found defendant guilty of both counts.

The trial court sentenced defendant to the upper term of 16 years in state prison on the continuous sexual abuse count and a consecutive two years (one-third the middle term) on the lewd act count, for a total state prison term of 18 years. The court also ordered various fines and fees, as well as victim restitution in an amount to…