P. v. Baker
This appeal arises out of the conviction of defendant Dwight Arthur Baker for committing four counts of sexual abuse against his granddaughter, whom we refer to as Jane Doe to protect her privacy. The jury found defendant guilty of committing a lewd act upon a child, on or between June 7, 1999, and June 6, 2001, in violation of Penal Code section 288, subdivision (a);[1]continuous sexual abuse ( 288.5, subd. (a)) on or between June 7, 2001, and June 7, 2005; a lewd act upon a child ( 288, subd. (c)(1)) on or between June 7, 2005, and November 30, 2006; and sexual penetration by a foreign object ( 289, subd. (i)) on or between June 7, 2005, and November 30, 2006. Having waived his right to a jury trial on the alleged prior convictions, the trial court found the recidivism allegations truethat defendant had suffered two serious or violent felony convictions under the three strikes law ( 1170.12, subds.(a)-(d); 667, subds. (b)-(i)) and one prior conviction for purposes of the five-year enhancement under section 667, subdivision (a)(1). In his sole appellate contention, defendant argues the trial court abused its discretion by admitting evidence of his prior sex crimes in violation of Evidence Code section 352. Court disagree and affirm.
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