P. v. Wagener
Defendant prowled in dozens of backyards, peered through windows, and entered four or five houses over a period of two years looking for money and taking pictures of young teenage girls. West Sacramento police arrested defendant on August 23, 2004, after a 13-year-old victim awoke to find him standing beside her bed.
The Yolo County District Attorney charged defendant with 13 counts and related special allegations arising from his conduct in each home. The jury found defendant guilty on all but three counts and found true all but one special allegation. On appeal, defendant argues there is insufficient evidence to show: (1) he entertained the specific intent to commit a forcible lewd act against minors as alleged in counts 1 and 7; (2) Minor was under the age of 14; and (3) he touched another minor. Defendant also contends the trial court violated his constitutional rights by preventing him from presenting closing argument on the issue of intent. Judgment Affirmed.
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