P. v. Morgan
On June 16, 2006, a jury found defendant and appellant Robert Dale Morgan guilty of forcible lewd act upon a child under the age of 14 (Pen. Code, 288, subd. (b)(1) (count 1));[1]lewd act upon a child under the age of 14 ( 288, subd. (a) (count 2)); resisting an executive officer ( 69 (count 3)); and resisting arrest ( 148, subd. (a)(1) (count 4)). On appeal, defendant contends that (1) there is insufficient evidence to support a finding of forcible lewd act upon a child under section 288, subdivision (b)(1) (count 1); and (2) his conviction for resisting arrest under section 148 (count 4) should be stricken because it is a lesser included offense of resisting an executive officer under section 69 (count 3). For the reasons set forth below, we shall strike defendants conviction for resisting arrest under section 148 (count 4). In all other respects, the judgment is affirmed.
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