P. v. Hawes
Convicted of sexually abusing his stepson D. S. for years and then trying to keep him from testifying about it, defendant James Lyons Hawes contends: (1) By permitting D. S., aged 22 at the time of trial, to testify with a support person, and without holding a hearing to determine whether it was needed, the trial court violated defendants right to a fair trial. (2) Due process requires reversal of defendants convictions on all counts of lewd conduct supported only by generic testimony. (3) The trial court violated defendants constitutional rights by admitting testimony about prior misconduct and instructing the jury to use it to infer guilt even if it was proven only by a preponderance of the evidence. (4) The trial court abused its discretion by refusing to appoint new counsel to litigate a new trial motion based on ineffective assistance of counsel. (5) The trial court abused its discretion by failing to grant a new trial when newly discovered evidence showed that D. S. had not told the truth at trial. (6) The trial court violated due process and defendants right to jury trial by imposing upper terms and full consecutive terms based on facts not tried to the jury. Court affirm.
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