P. v. DeWan
Filed 6/29/06 P. v. DeWan CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. TERRY LEE DeWAN, Defendant and Appellant. | A110773 (Solano County Super. Ct. No. VCR162957) |
Terry Lee DeWan appeals his convictions on three counts of lewd touching of two children under the age of 14. He contends there was insufficient evidence to support a finding of intent on one count, that it was error to admit the victims' hearsay statements, and that his admission of a prior conviction used to enhance his sentence was not knowing and voluntary. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND[1]
In September 2002, nine-year-old Bailey J. and her six-year-old sister, Lindsey J., visited the home of defendant, their neighbor, to swim with his children while their mother ran errands. Bailey wore her bathing suit under a T-shirt and skort (a combination of skirt and shorts). While the children and defendant sat in the living room watching television, defendant poked Bailey with his finger in her vaginal area through her clothing. Bailey said â€
