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(Download) "In Re William S." by Fourth Appellate District, Division Three Court of Appeal of California * Book PDF Kindle ePub Free

In Re William S.

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eBook details

  • Title: In Re William S.
  • Author : Fourth Appellate District, Division Three Court of Appeal of California
  • Release Date : January 28, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Appellant Santiago Valdez Moreno appeals following his conviction on 12 counts of committing lewd and lascivious acts upon children under the age of 14 years (Pen. Code, § 288, subd. (a)) and two counts of sodomy (§ 286, subd. (c)). He contends (1) the prosecution presented unspecific evidence insufficient to sustain conviction on 10 of the counts; (2) the convictions on counts 12 through 16 must be reversed because the jury might have convicted him based on the lewd and lascivious act underlying count 11; (3) the court erred in failing to instruct on the offense of annoying or molesting a child (§ 647a) as a possible lesser included offense on the counts charging violations of section 288, subdivision (a); (4) the prosecutor committed misconduct by appealing to the passion and prejudice of the jury; and (5) the court improperly imposed the upper term based on the youth of the victims, an inherent element of the offenses involved. We affirm.


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