P. v. Niece
A jury convicted defendant of two counts of aggravated sexual assault of a child (counts 1 and 2; Pen. Code, SS 269, subd. (a)(4) and (5)) and four counts of lewd and lascivious acts upon a child by force or fear (counts 3 to 6; S 288, subd. (b)(1)). The jury also found true an allegation that defendant committed lewd and lascivious acts in the present case against more than one victim. (S 667.61, subd. (e)(5).) The court sentenced defendant to 15 years to life for each of the six counts, and stayed the punishment on counts 5 and 6 pursuant to section 654. The punishment for the convictions on counts 2, 3, and 4 are to run consecutive to the conviction on count 1, thus providing for a total indeterminate term of 60 years to life.
Defendant contends: (1) the court erred in failing to instruct the jury on the element of force with respect to one of the counts of aggravated sexual assault; (2) the court prejudicially erred in admitting defendant's offer to an investigating officer to plead guilty; (3) the court prejudicially erred in failing to instruct sua sponte on the necessity of jury unanimity; and (4) the court abused its discretion when it allowed defendant's former wife to testify that defendant raped her and limited cross-examination of that witness. Court reject these contentions and affirm.
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