P. v. Allen
A jury convicted Michael Nathaniel Allen of committing a lewd act upon a child under the age of 14 (Penal Code 288(a); counts 1 and 5).[1] As to both counts the jury found true an enhancement that he committed a sex offense against more than one victim ( 667.61, subds. (b),(c), and (e).) As to count 1, the jury also found true an enhancement that Allen had substantial sexual conduct with the victim and he was a stranger to the victim at the time of the crime. ( 1203.066, subds. (a)(8) and (a)(3).) The jury also found him guilty of battery, a lesser included offense of committing a lewd act upon a child, as alleged in counts 2 and 7. The jury found him not guilty of other violations of section 288a, as alleged in counts 4, 6, 9 and 10, and a mistrial was declared on count 8 because the jury was unable to reach a verdict regarding the charged lesser included offense of battery. In bifurcated proceedings, the trial court found true that he had one prior strike conviction. ( 667, subds. (b)-(i); 1170.12, subds. (a)-(d).) The court sentenced him to 30 years to life in prison as follows: 15 years each on counts 1 and 5, doubled because of the"Three Strikes" law, the terms to run concurrently. Allen contends the trial court erred in permitting testimony regarding his uncharged prior acts; and, the battery convictions in counts 2 and 7 were not supported by sufficient evidence. Court affirm.
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