P. v. Lockwood
Defendant Nolan James Lockwood induced his wife and his approximately eight-year-old nephew to have sex with each other while he watched. The nephew so testified; he said it happened twice, and that defendant also induced them to orally copulate each other. The wife also so testified, though she said it happened only once. Finally, defendant admitted it to the police. Defendant also admitted downloading child pornography.
A jury found defendant guilty on two counts of nonforcible lewd acts with a child under 14 (Pen. Code, § 288, subd. (a)) and one count of possession of child pornography (Pen. Code, § 311.11, subd. (a)). Defendant was sentenced to five years in prison, plus the usual fines and fees.
Defendant now contends:
1. The trial court erred by failing to instruct that defendant’s wife was an accomplice as a matter of law.
2. The trial court erred by calculating the restitution fine and the parole revocation restitution fine based on the minimum fine in effect at the time of sentencing, rather than at the time of the crimes.
We find no reversible error. Hence, we will affirm.
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