P. v. Cooper
Defendant was convicted of four counts of committing a lewd act upon a child (Pen. Code, 288, subd. (a)). Count 1 was committed against victim R.R. Counts 2 through 4 were committed against victim A.G. The court sentenced defendant to the midterm of six years on count 1. The court imposed a consecutive two-year term on count 2 (one third the midterm) and two concurrent six year terms on counts 3 and 4 for a total prison term of 8 years. On appeal, defendant contends his convictions on counts 2 through 4 must be reversed because the court failed to give a unanimity instruction. The People concede the court erred in failing to give a unanimity instruction but contend the error was harmless. Court agree and affirm the judgment.
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