Lozano

Discussion.

1 torment did not make the statement admissible under section 1240. We also conclude, however, that the admission of this statement was prejudicial as to only a single count of committing a lewd act on a child under the age of 14. (Pen. Code, § 288, subd. (a).) We therefore reverse the conviction on count 1, as well as resulting enhancements alleging defendant committed this offense against multiple victims, but otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Crimes Against Jane Doe

Doe 1’s Statement to her Mother Doe 1 was born in July 2000, when defendant was 24 years old. By the time of trial, Doe 1 was deceased. The jury heard prior testimony of her mother, Shannon C.,1 about a brief conversation between the two of them. Shannon was also deceased by the time this testimony was read to the jury. On the morning of June 6, 2017, Shannon was outside the home of a friend and neighbor on Market Avenue in San Pablo. As she walked up a path, she saw Doe 1, her 16-year-old daughter, outside the neighbor’s house. Doe 1 was crying, and she immediately told Shannon, “ ‘Mom, he’s been molesting me.’ ” Doe 1 identified defendant, who was a family friend, as the…