P. v. Nelson
Bruce Duane Nelson appeals his conviction, by jury, of three counts of lewd acts on a dependent adult without the use of force or violence. (Pen. Code, 288, subd. (c)(2).)[1] Appellant pleaded no contest to four additional counts of the same offense after the jury was unable to reach a verdict as to those counts. At sentencing, the trial court imposed the upper term of three years on the principal count and additional consecutive terms of eight months (one third the midterm) for each of the remaining counts, for a total term in state prison of seven years. Appellant contends the trial court erred in instructing the jury in terms of CALCRIM 331concerning the credibility of a witness with a cognitive impairment, and in imposing the upper term on the principal count. Court affirm.
Comments on P. v. Nelson