P. v. Blanchard
A jury convicted defendant of three counts and acquitted defendant of two counts of lewd and lascivious acts with a minor under 14 years of age. (Pen. Code, 288, subd. (a).) Count 1 involved an alleged offense in March 2001. Counts 2 through 5 involved alleged offenses in December 2001. The court sentenced defendant to the midterm of six years on count 1 and concurrent midterm sentences on counts 2 and 3.
At trial, the defendant relied on two somewhat inconsistent theories: first, that the victim, Jane Doe, had imagined being molested as part of a sleep disorder; and, second, that Jane Does mother, Carla C., encouraged her daughter to make molestation allegations as revenge for defendant breaking up with her.
On appeal, defendant raises multiple claims of error, including prosecutorial misconduct; deprivation of the Fifth Amendment right against self incrimination and the Sixth Amendment right to counsel and confrontation; violations of due process; error concerning expert testimony; judicial misconduct; insufficiency of evidence; and sentencing error. Court reject defendants claims and affirm the judgment.
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