P. v. Dean
Defendant James Daniel Dean was convicted by jury of committing lewd conduct with a child under age 14 (Pen. Code, 288, subd. (a)), unlawful intercourse by a person 21 years of age or older with a minor under 16 years of age (Pen. Code, 261.5, subd. (d)), child procurement (Pen. Code, 266j), witness dissuasion (Pen. Code, 136.1, subd. (b)(1)), and violation of a court order (Pen. Code, 166, subd. (a)(4); further section references are to the Penal Code). Sentenced to state prison for 12 years, defendant correctly contends his conviction for child procurement must be reversed due to instructional error and for lack of substantial evidence to support it. He also argues his conviction for witness dissuasion must be reversed because the trial court failed to instruct the jury on an element of the offense, and he is entitled to one more day of presentence custody credit. As Court will explain, the trial court erred when instructing the jury on the crimes of child procurement and witness dissuasion; the conviction for child procurement must be reversed due to the instructional error and because the evidence does not satisfy one of the elements of the crime; defendant was not prejudiced by the instructional error regarding witness dissuasion; and, on remand, the trial court can address the issue of sentencing credits.
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