P. v. Metzger
A jury convicted defendant of felony and misdemeanor child molestation as to one victim (acquitting him or deadlocking on the remaining counts), acquitted him or deadlocked on all counts as to another victim, and convicted him of witness dissuasion and misdemeanor contempt in connection with a letter to the parents of the victims. Though the prosecutor initially sought to retry him on the unresolved counts, she acceded to the defendant's invocation of double jeopardy and dismissed them. The trial court sentenced him to a state prison term of eight years as follows: a middle term of six years on count 8, the lone felony sex conviction; and a full consecutive middle term of two years on count 15 for witness dissuasion. No additional time was imposed on the two misdemeanor convictions charged as counts 9 and 16.
On appeal, the defendant contends he was deprived of notice of the factual basis for his convictions (and trial counsel was ineffective if this argument is forfeited); the trial court did not adequately investigate his request for dismissal of appointed counsel; the evidence of his witness dissuasion does not support the count as charged; neither the prosecutor nor the instructions adequately advised the jury of the need for unanimity on the factual basis of his molestation conviction; it was prejudicial error to use the general instruction on circumstantial evidence instead of the one focused on mental state; and the instruction on the credibility of child witnesses lessened the prosecution's burden of proof. Court affirm.
Comments on P. v. Metzger