Simmons
People v. Simmons
Opinion
Lead Opinion
Hoch, J.
*782 Opinion
Defendant Todd Allen Simmons was convicted by jury of four counts of committing a lewd or lascivious act on a minor under the age of 14 years (counts 1, 4-6), one count of forcible sexual penetration (count 2), one count of forcible oral copulation (count 3), and one count of exhibiting harmful matter to a minor for purposes of seduction (count 7). Counts 1 through 3 involved crimes committed in 1988 against D.C., his then girlfriend’s six-year-old niece. Count 4 involved defendant’s victimization of S.D., his then wife’s 10- or 11-year-old daughter, between 1997 and 1998. Counts 5 through 7 involved crimes committed against D.R., his then girlfriend’s six-year-old son, between 1999 and 2000. With respect to counts 1 through 6, the jury found a multiple-victim special allegation to be true. With respect to counts 5 and 6, the jury found a substantial sexual conduct special allegation to be true. The trial court sentenced defendant to an indeterminate term of 45 years to life plus a consecutive determinate term of 20 years in state prison.
On appeal, defendant contends: (1) counts 4 and 7 were barred by the statute of limitations as a matter of law; (2) the People…