P. v. Stokes
Filed 4/5/06 P. v. Stokes CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. LEONARD STOKES, Defendant and Appellant. |
F048276
(Super. Ct. No. VCF129788)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge.
Patricia L. Watkins, 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, Assistant Attorney General, Julie A. Hokans and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury convicted appellant, Leonard Stokes, of four counts of lewd and lascivious conduct with a child under the age of 14 (Pen. Code, § 288, subd. (a)). On June 6, 2005, the court sentenced Stokes to an aggregate 12-year term, the middle term of 6 years on count 1 and a 2-year term (one-third the middle term of 6 years) on each of the remaining counts. On appeal, Stokes contends the court committed instructional error. We will affirm.
FACTS
On November 23, 2004, the district attorney filed an information charging Stokes with four counts of lewd and lascivious conduct involving his niece CB.[1] During Stokes's trial the prosecutor presented evidence of an incident in 2001 during which Stokes touched CB's vaginal area, an incident in December 2003, during which Stokes touched her leg with his penis, an incident in early 2004, during which Stokes touched her vaginal area, and an incident also in early 2004, during which Stokes rubbed her breasts. Additionally, Stokes's then 17-year-old daughter testified that he frequently molested her when she was between the ages of 6 and 15 and Stokes's then 18-year-old cousin testified about an incident two years earlier during which Stokes touched her breasts and vagina.
DISCUSSION
During the trial, the jury was instructed in the language of CALJIC No. 2.50.01, as follows:
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