(Super. Ct. No. 09SCR06019)
The opinion of the court was delivered by: Mauro , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Carlton Farnsworth Hammonds was convicted of three felony counts of lewd acts on a 14-year-old minor and one misdemeanor count of annoying or molesting a minor. The trial court sentenced him to three years eight months in prison and imposed various fines and fees, including a $500 fine under Penal Code section 288, subdivision (e).*fn1
Defendant asserts the following contentions on appeal:
(1) the misdemeanor conviction for annoying or molesting a minor must be reversed because it is barred by the statute of limitations, it was an uncharged lesser related offense that violates defendant's due process right to notice, and the trial court made an improper judicial comment regarding the charge;
(2) the trial court erred in its instruction regarding uncharged conduct; and
(3) the fine imposed under section 288, subdivision (e), must be stricken.
We conclude (1) the misdemeanor conviction for annoying or molesting a minor must be reversed because it is barred by the one-year statute of limitations; (2) any error in instructing on uncharged conduct was harmless; and (3) the $500 fine imposed under section 288, subdivision (e), must be stricken.
Defendant was a pastor at Willows Baptist Church and a real estate agent in Willows, California. Defendant and his wife also ran a small K-12 school attached to the church called the Willows Baptist Academy. Defendant was the principal and teacher at the school.
D.C. and her family joined the Willows Baptist Church when D.C. was four years old. She attended the church school. When she was 10, defendant started hugging her. As she got older, he gave her lingering hugs, sometimes touching, grabbing or squeezing her buttocks.
Once when she was 14, D.C. stayed the night at the home of defendant and his wife. After defendant's wife went to bed, defendant went into another bedroom where D.C. was lying in bed. Defendant sat on the bed and told D.C. she was beautiful and he loved her. He ran his hand slowly up her leg and touched her breasts. D.C. got up, went to the bathroom, and got into the shower. Defendant entered the bathroom, drew back the shower curtain and touched her breasts. D.C. tried to leave the shower but defendant grabbed her arm and pushed her back in. Defendant removed his clothes and got in the shower with D.C. He caressed her breasts ...