P. v. Lambert
Appellant was convicted of two counts of child molestation. The victim, J.D., is the daughter of Debra, with whom appellant was living at that time. The trial court found true that appellant had previously been convicted of attempted rape, rape, and aggravated kidnapping. He was sentenced to 60 years to life in prison, under the "Three Strikes" law.
At the trial, J.D. described four separate incidents of misconduct by appellant. Court call them (1) the kissing incident, (2) the digital touching incident, (3) the kitchen incident, and (4) the tickling incident. The prosecution relied on the first two incidents for the two charged counts. Appellant contends that his trial counsel rendered constitutionally ineffective assistance because he did not object to J.D.'s testimony about the other two incidents. Appellant also argues that the trial court should have given CALJIC Nos. 2.50.1 and 2.50.2 on uncharged offenses. Court find no error, and affirm.
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