P. v. Daniels
Appellant, Gene Marion Daniels, was convicted after a jury trial of continuous sexual abuse of a child under age 14 (Pen. Code, 288.5, count five). Appellant was acquitted of two counts of committing lewd or lascivious acts on a child under age 14 ( 288, subd. (a)) and two counts of oral copulation of a child under age 14 (288a, subd. (c)(1)). In a bifurcated proceeding, appellant admitted a prior prison enhancement ( 667.5, subd. (b)).
The trial court sentenced appellant to the midterm of 12 years for continuous sexual abuse, plus a consecutive term of one year for the prison term enhancement for a total prison term of 13 years. The court awarded custody credits and imposed a restitution fine.
On appeal, appellant contends the trial court erred in instructing the jury with CALCRIM No. 226 because the instruction undermined his credibility and improperly shifted the focus of the jury from testing the prosecutions evidence to testing appellants veracity. Court find no error and affirm the judgment.
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