P. v. Higgins
Filed 4/7/06 P. v. Higgins CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. HAROLD EUGENE HIGGINS, Defendant and Appellant. | C048342
(Super. Ct. No. 03F08004)
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A jury convicted defendant Harold Eugene Higgins of committing a lewd and lascivious act on a minor and committing five lewd and lascivious acts on a child under the age of 14 years. (Pen. Code, § 288, subds. (a) & (c)(1).)[1] Sentenced to 32 years in state prison, defendant appeals, contending: (1) the court erred in admitting evidence of prior uncharged acts, (2) various instructional errors, (3) cumulative error, and (4) sentencing error. We shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
An information charged defendant with two counts of lewd and lascivious acts upon a minor and five counts of lewd and lascivious acts on a child under the age of 14. The information also alleged defendant committed the offenses against two or more victims. (§§ 1203.066, subd. (a)(7), 667.61, subds. (b) & (e)(5).) Defendant entered a plea of not guilty to all counts. The district attorney dismissed one of the counts of lewd and lascivious acts on a minor.
The alleged victims of the charged conduct were related to defendant's wife. In 2003 the wife's son and his wife relocated from Indiana to California. Their children included their adopted daughter, S., who was then 14 years old. In California, S. and her family stayed in defendant's home while their new home was being built. S., who had previously met defendant and his wife when they visited in Indiana, referred to defendant as â€
