P. v. Howell CA5
Defendant Allen E. Howell was charged under Penal Code sections 288a, 288 and 288.5 with three counts of child molestation involving the same victim. The jury convicted defendant of lewd and lascivious acts against a child under the age of 14 years (§ 288, subd. (a)) (count 2) and continuous sexual abuse of a child under the age of 14 years (§ 288.5, subd. (a)) (count 3). The jury was unable to reach a verdict on the charge of oral copulation of a child under the age of 14 years (§ 288a, subd. (c)(1)) (count 1) and that count was dismissed. The trial court sentenced defendant to the middle term of 12 years on count 3 and, relying on section 667.6, subdivision (c), the full middle term of six years on count 2, for a total determinate prison term of 18 years.
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