[Download] "People V. Bolander" by Sixth Appellate District Court of Appeal of California * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Bolander
- Author : Sixth Appellate District Court of Appeal of California
- Release Date : January 10, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
A jury found defendant John Anthony Bolander guilty of seven counts of child molestation; in each case, the victim was his nine-year-old stepson Ryan A, born January 23, 1982. Defendant had been charged by information with six counts of committing a lewd act with a child under 14 years of age (Pen. Code, § 288, subd. (a) [counts 1, 2, 4, 6, 7, 8])*fn1 and two counts of using force to commit a lewd act with a child under 14 years of age (§ 288, subd. (b) [counts 3, 5]). The information alleged two prior prison terms (§ 667.5, subd. (b)). The jury could not reach a verdict as to count 4; that count was dismissed after the court declared a mistrial. At to count 3, the jury found defendant guilty of the lesser included offense (§ 288, subd. (a)). As to the remaining six counts, defendant was found guilty as charged. In a bifurcated proceeding, defendant admitted the section 667.5, subdivision (b) allegations. After his motion for new trial was denied, defendant was sentenced to 25 years in state prison. On appeal defendant contends the trial court erred by (1) denying the motion for new trial, (2) stating inadequate reasons for imposing fully consecutive sentences, (3) failing to instruct sua sponte on necessarily included offenses, (4) failing to instruct pursuant to CALJIC No. 2.02 on specific intent with regard to count 3, and (5) instructing the jury in a confusing sequence. Defendant also claims the evidence was insufficient to support his conviction for count 5 and that CALJIC Nos. 2.00, 2.01, and 2.90 are constitutionally deficient.