Simmons

People v. Simmons

Bad Law
148 Cal. Rptr. 3d 554·2012 Cal. App. LEXIS 1124·210 Cal. App. 4th 778
Court of Appeal of CaliforniaSeptember 27, 2012No. C066770California8,024 words

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…

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