California Court of Appeal

Judgment of conviction for two counts of willfully committing a lewd or lascivious act upon a child and one count of molesting a child is affirmed, where: 1) the prosecutor did not commit misconduct in describing the burden of proof to the jury; 2) defendant's trial counsel was not ineffective for not objecting to the prosecutor's statement regarding the burden of proof; 3) the trial court did not err by finding defendant was an adult at the time he committed the crimes against the victim; 3) the trial court did not err in refusing to consider probation; 4) any error in relying on the supplemental probation report was harmless; and 5) there is nothing indicating that the trial court relied on the inaccurate information concerning the prior offense in deciding to deny defendant probation.

Appellate Information

• Decided 03/20/2013
• Published 03/19/2013

Judges

• MILLER

Court

• California Court of Appeal

Counsel