P. v. Bardo CA6
A jury convicted defendant of two counts of sexual penetration of a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b); counts 1 & 2) and one count of committing a forcible lewd or lascivious act on a child under the age of 14 years (§ 288, subd. (b)(1)). The trial court found true an allegation that defendant had a prior “strike” conviction (§§ 667, subds. (b)-(i), 1170.12) and sentenced defendant to an indeterminate prison term of 15 years to life, consecutive to an eight-year determinate term.
On appeal, defendant contends: (1) the trial court erred by giving a general intent instruction with respect to counts 1 and 2, because a violation of section 288.7, subdivision (b) is a specific intent crime; (2) the trial court erred by excluding evidence that the victim had previously been molested, evidence of how she had sexual knowledge, and evidence that she had made a prior false allegation of being molested.
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