P. v. Sam
This case involves sexual abuse by defendant Nang Sam of his younger sister (the victim). Defendant was entrusted with caring for her and his other younger siblings because their mother was largely absent. Defendant violated that trust for years by sexually abusing the victim, culminating in his prosecution and guilty verdict of 36 counts of lewd acts and sexual penetration. The court sentenced him to a determinate term of 10 years in prison plus an indeterminate term of 40 years to life.
On appeal, defendant raises four contentions dealing with (1) juror excusal, (2) sufficiency of evidence, (3) instructional error resulting in ex post facto violations, and (4) shackling. Finding merit only in defendant’s contention of instructional error resulting in ex post facto violations (which the People concede), we reverse defendant’s convictions for two counts of sexual penetration. (This reversal has no practical effect on defendant’s sentence, because the trial court sentenced defendant to concurrent sentences on those counts, which were counts 23 and 24.)
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