P. v. Mallette CA1/2
Appellant was found guilty of several sexual offenses committed against a child, as well as of the offense of continuous sexual abuse of a child. Because a defendant cannot be convicted of both continuous child abuse and the specific sexual offenses upon which the continuous child abuse charge is based, the trial court vacated the count of continuous child abuse. Appellant contends the court was required instead to vacate the individual counts and leave him convicted of only continuous child abuse. He additionally contends that the court abused its discretion in permitting the prosecutor to introduce evidence of prior sexual misconduct, and that there is insufficient evidence to support the conviction on one of the individual counts. We affirm.
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