P. v. Waltz
After a jury trial, defendant Gene Darnell Waltz was found guilty of 11 counts of a lewd act upon a child under the age of 14 years (Pen. Code, 288, subd. (a)), one count of oral copulation by a person over the age of 21 years with a child under the age of 16 years ( 288a, subd. (b)(2)), one count of sexual penetration of a child under the age of 16 years by a person over the age of 21 years ( 289, subd. (i)), and one count of sodomy of a child under the age of 16 years by a person over the age of 21 years ( 286, subd. (b)(2)). Sentenced to 12 years in state prison, defendant appeals.
Defendant contends that the trial court erred in: (1) instructing that the jury could find him guilty of counts of a lewd act upon a child under the age of 14 years based on any act shown by the evidence upon which they unanimously agreed, (2) instructing on requirements of the defense of duress, (3) denying a posttrial motion for disclosure of records of a psychologist who had treated the victims, and (4) admitting evidence of pornography in a computer defendant owned. He also contends that (5) he was prejudiced by ineffective assistance of counsel in failing to adduce evidence: (a) that he had been molested when he was a child by the brother of the victims, and (b) of statements of the victims to a treating therapist. Lastly, he contends (6) the prosecutor committed prejudicial misconduct in asking were they lying questions to him during cross-examination. Finding no merit in his contentions of error, Court affirm the judgment.
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