P. v. Rios
Appellant molested his 10- and 12-year old nieces while they were visiting him during summer vacation. A jury convicted him of five counts of lewd and lascivious conduct with a child under 14 and returned true findings on allegations that he had committed offenses against more than one victim, making him eligible for One Strike sentences of 15 years to life on each count and ineligible for probation. (Pen. Code, 288, subd. (a) , 667.61, subds. (b), (c)(8) & (e)(5), 1203.066, subd. (a)(7).) The jury further determined that appellant had engaged in substantial sexual conduct with one of the victims, which also rendered him ineligible for probation. (Pen. Code, 1203.066, subd. (a)(8).) The court sentenced appellant to consecutive terms of 15 years to life on two of the counts (one for each victim) and ran the sentences on the remaining counts concurrently.
Appellant contends: (1) the judgment must be reversed because defense counsel was not permitted to fully examine one of the girls concerning the use of words that implied a knowledge of sexual matters beyond her years, and (2) the evidence was insufficient to support the finding of substantial sexual conduct. Court affirm.
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