P. v. Dew CA4/1
Jane Doe alleged that Brandis Christian Dew, her uncle by marriage, touched her buttocks when she was in her bathroom and later touched her vaginal area under her clothing while she was in her bedroom. Dew admitted touching Jane's buttocks, but denied the other allegation. A jury convicted Dew of misdemeanor annoying or molesting a child (Pen. Code, § 647.6, subd. (a)) based on his act of touching Jane's buttocks, but found him not guilty of felony sexual battery (§ 243.4, subd. (a)) and the lesser included offenses of battery (§ 242) and misdemeanor sexual battery. The trial court sentenced him to summary probation for 36 months under certain conditions including 90 days in county jail. Dew appeals, contending: (1) insufficient evidence supported his conviction, (2) the court improperly instructed the jury, (3) the prosecutor committed misconduct, and (4) the trial court decided his new trial motion under an improper standard. We affirm.
Comments on P. v. Dew CA4/1