P. v. McDowell
Defendant James Allen McDowell repeatedly molested his stepdaughter when she was between the ages of six and nine. A jury convicted defendant of 53 counts of lewd acts upon a child (§ 288, subd. (a)) and one count of sodomy upon a child 10 years of age or younger. (§ 288.7, subd. (a).)
The court sentenced defendant to the upper term of eight years on count 1, two consecutive years each for counts 2 through 53 (104 years), and a consecutive term of 25 years to life on count 54. Defendant’s total sentence is 137 years to life.
On appeal, defendant argues there is insufficient evidence to support his convictions on 54 counts of sexual abuse. He further charges the court committed Griffin[2] error. In supplemental briefing, he asserts it was also error to admit the victim’s unredacted recorded statement and the court should not have imposed the aggravated term on count 1. We have reviewed the record and determined the evidence is sufficient and no prejudicial error occurred. We affirm the judgment and the sentence in full.
Comments on P. v. McDowell