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The People v. Lloyd Leslie Kindred

June 14, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
LLOYD LESLIE KINDRED, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F09146)

The opinion of the court was delivered by: Nicholson , J.

P. v. Kindred CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Over a period of several years, the defendant molested several young female family members. A jury convicted him of numerous counts of committing a lewd act on a child under 14 (Pen. Code, § 288, subd. (a))*fn1 and related crimes, and the trial court sentenced him to an aggregate term of four years, plus 150 years to life, in state prison.

On appeal, the defendant contends the court erred by (1) imposing consecutive life terms for several of the lewd-act counts and (2) failing to give the jury a unanimity instruction concerning one of the lewd-act counts. We affirm.

PROCEDURE

The defendant was charged by information as follows:

Count Crime Victim 1 § 288, subd. (a) C.K. 2 § 288, subd. (a) C.K. 3 § 288, subd. (a) C.K. 4 § 288, subd. (a) C.K. 5 § 288, subd. (a) C.K. 6 § 288, subd. (a) C.K. 7 § 288, subd. (a) C.K. 8 § 288, subd. (a) C.K. 9 § 288, subd. (a) C.K. 10 § 288, subd. (a) C.K. 11 § 288, subd. (a) C.K. 12 § 288, subd. (a) C.K. 13 § 288, subd. (a) C.K. 14 § 288, subd. (a) C.K. 15 § 288, subd. (a) C.K. 16 §§ 664, 288, subd. (a) A.G. 17 § 288, subd. (a) M.N. 18 § 288, subd. (a) A.B. 19 § 288, subd. (a) M.V. 20 §§ 664, 288, subd. (c)(1) N.P. 21 § 311.4, subd. (c) [using a minor to pose or model, involving sexual conduct] 22 § 311.4, subd. (a) [possessing matter depicting minor in sexual conduct]

A jury convicted the defendant on all counts except count 16, on which it acquitted him. The jury also found true a multiple-victims allegation. (§ 667.61, subd. (e)(5).)

The trial court sentenced the defendant, under section 667.61, the "One Strike" law, to 10 consecutive terms of 15 years to life and eight concurrent terms of 15 years to life for the 18 lewd-act convictions. The court also sentenced the defendant to a determinate term of three years for count 21, with consecutive terms of eight months and four months for counts 22 and 20, respectively.

FACTS

The defendant married Deborah in 2001. The lewd-act victims were Deborah's family members.

C.K., Deborah's granddaughter, moved in with the defendant and Deborah in 2002 when C.K. was six years old. From the time C.K. was six years old until she was 13 years old, when the defendant was arrested in 2009, the defendant molested C.K. on numerous occasions. The abuse occurred ...


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