PEOPLE v. SMITH

No. H020031.

120 Cal.Rptr.2d 185 (2002)

98 Cal.App.4th 1182

The PEOPLE, Plaintiff and Respondent, v. Vassar Williams SMITH, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Denied August 14, 2002.


Attorney(s) appearing for the Case

Dennis P. Riordan, San Francisco, Donald M. Horgan, Dylan L. Schaffer, for Appellant Vassar W. Smith.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Stan M. Helfman, Supervising Deputy Attorney General, Jeffrey M. Laurence, Deputy Attorney General, for the Respondent The People.


Certified for Partial Publication.*

O'FARRELL, J.***

The facts underlying the convictions in the instant case involve defendant Vassar Williams Smith's repeated lewd fondling and spanking of his son (Victim). A jury found defendant guilty of 11 counts of lewd or lascivious conduct on a child under the age of 14 (Pen.Code, § 288, subd. (a) [counts 1 & 3-12]),1 five...

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