California Court of Appeal

Sentence and convictions of continuous sexual abuse, lewd act on a child, child molestation, forgery, and violating a court order, all relating to his sexual abuse of 15 children over nearly 30 years, are: 1) reversed as to convictions for counts 1, 5, and 10 for insufficient evidence, and count 14 for violating the Ex Post Facto Clause, and those counts may not be retried; 2) reversed as to convictions for counts 6 through 9 for failure to instruct on an element of the offense, and remanded for retrial; 3) vacated as to the indeterminate sentences imposed for counts 2 and 12, and remanded for resentencing without application of the One Strike Law; 4) reversed as to the noneconomic restitution awards for all counts, and remanded with directions to conduct a restitution hearing for counts 15, 23, and 24 only; but 5) otherwise affirmed.

Appellate Information

• Published 2016/01/14

Judges

• LAVIN

Court

• California Court of Appeal

Counsel