P. v. Ables CA3
Defendant Christopher Dale Ables appeals from his conviction for nine sexual offenses committed against the young daughter of his girlfriend. He contends: (1) there is insufficient evidence of force or duress as to counts 11 (forcible lewd act against a child under the age of 14 – Pen. Code, § 288, subd. (b)) and 13 (genital penetration with a foreign object, a finger - § 289, subd. (a)); (2) the trial court abused its discretion in considering defendant’s position of trust as an aggravating factor and imposing the middle term; and (3) the trial court imposed an unauthorized sentence by issuing a no-contact order.
We conclude there is substantial evidence of force or duress as to counts 11 and 13, the trial court did not abuse its discretion in imposing the middle term, and the no-contact order was properly issued under section 136.2. Accordingly, we affirm the judgment.
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