California Court of Appeal

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People v. Baughman, C050147

Conviction and sentence for incest, oral copulation of a person under the age of 16, and lewd and lascivious acts upon a child more than 10 years younger than defendant are affirmed over claims of error that: 1) there was insufficient evidence to support certain counts for committing lewd and lascivious acts; 2) the trial court erred in failing to instruct the jury with a specific acts unanimity instruction as to the incest count; and 3) defendant's upper term sentence violated Blakely.

Appellate Information

  • Decided 09/16/2008
  • Published 09/16/2008



  • California Court of Appeal


  • For Appellees:
  • Maribeth Halloran, Mill Valley, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, David A. Rhodes, Supervising Deputy Attorney General, Clayton S. Tanaka, Deputy Attorney General, for Plaintiff and Respondent.
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