P. v. Otto
A jury convicted defendant Richard Steven Otto of four counts of lewd acts with a child under age 14 (Pen. Code, 288, subd. (a)[1]--counts one through three & five) and two counts of lewd acts with a 14-year-old child ( 288, subd. (c)(1)--counts six & seven). The jury found that counts one, two, three and five were committed against two or more victims. ( 667.61, subd. (e)(5).) Three related counts were dismissed after the jury failed to reach a unanimous verdict (counts four, eight & nine). Defendant was sentenced to state prison for 30 years to life, consisting of consecutive terms of 15 years to life on counts one and five, concurrent terms of 15 years to life on counts two and three, and concurrent terms of two years on counts six and seven. He was ordered to have no visitation with victims K.H. and A.B. ( 1202.05.)
Defendant appeals, contending (1) counts six and seven are not supported by sufficient evidence, (2) Evidence Code section 1108 is unconstitutional, (3) admission of evidence of uncharged sexual offenses was an abuse of discretion, (4) documents viewed in camera by the trial court must be reviewed by this court, and (5) the no-contact order must be stricken as to victim A.B. Court reverse count seven, strike the no-contact order, and affirm the balance of the judgment.
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