P. v. Hawlish
Victoria Christina Hawlish was charged with five counts of committing lewd acts (Pen. Code, 288, subd. (c)(1)) upon a 15 year old girl between June 1, 2003 and October 15, 2003. A jury convicted Hawlish of three counts of the lesser included offense of attempted lewd acts upon a child. (Pen. Code, 664 & 288, subd. (c)(1).) The court sentenced Hawlish to a prison term of one year and eight months.
Hawlish contends the court should have instructed the jury sua sponte with CALJIC No. 4.71.5 which requires, inter alia, that the jury agree unanimously upon the same specific act constituting the crime. She also asserts evidentiary error and ineffective assistance of counsel. Court reject these arguments and affirm the judgment.
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