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People v. Lewis

California Court of Appeals, First District, Third Division

February 9, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
JULIUS W. LEWIS, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

City and County of San Francisco Superior Court No. 2344913, 206826. Honorable Newton J. Lamb Judge.

Page 204

[Copyrighted Material Omitted]

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COUNSEL

John Wilder Lee, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant, Attorney General, Gerald A. Engler, Assistant, Attorney General, Rene A. Chacon and Linda M. Murphy, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

Siggins, J.

Defendant Julius W. Lewis was convicted by a jury of five counts of lewd and lascivious acts on a child (Pen. Code, § 288, subd. (a)),

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and was sentenced to 29 years to life in prison.[1] One count involved conduct with Angelina B. in 2006 or 2007, and the other four involved conduct with Teresa C. in August, September, and October of 1989. Lewis was ordered to pay over $1.5 million in victim restitution to Angelina and Teresa. He disputes the convictions and the restitution awards.

We affirm the convictions. Lewis argues that the convictions as to Teresa must be reversed because they were barred by the statute of limitations, or because his right to due process was violated due to the delayed prosecution. In the published portion of this opinion, we reject these arguments.

In the unpublished portion of this opinion, we reject Lewis’s argument that the conviction as to Angelina must be reversed because the court erred when it excluded evidence that allegedly concerned her credibility. We also explain the reasons for our conclusions with respect to Lewis’s arguments concerning restitution to the victims.

I. BACKGROUND

A. Angelina

In October 2005, when Angelina B. was five years old, she was placed in foster care with Lewis’s friend, Lynett Palmer. Palmer had four or five other foster children in her home. Lewis was living nearby with his wife, his daughters Monica and Melissa, and his sons, J.L and N.L. Angelina went to Lewis’s home to play with his daughters, and Palmer left Angelina with Lewis when she ran errands and went to school and church.

Angelina testified that, on about four or five occasions, Lewis asked her to come into his bedroom, took off her pants, and started “humping” her, leaving “white stuff” on the bed. He also sucked on her breasts. In August 2007, Angelina told Palmer what Lewis had done. Palmer noticed a “small speckled circle” on Angelina’s left breast, and reported Angelina’s allegation to a ...


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