People v. Graves
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Jane, age 15, and Lucy were browsing in a clothing store. Graves came up behind Jane, put his hand on her buttock and “squeeze[d] tight.” Graves then entered the store’s changing room, removed his shirt, and stepped out of the changing room multiple times, bare-chested, and made eye contact with Jane. Store employees called security. Graves had previous convictions for annoying or molesting minors and sexual battery of minors. Graves was convicted of one felony count of annoying or molesting a child under 18 and one felony count of lewd acts involving a child of 14 or 15 years by a person at least 10 years older with two prior felony convictions and three prior prison terms.
The court of appeal affirmed the convictions but remanded for resentencing. The court rejected arguments that the trial court erred by admitting evidence of his past offenses; erroneously instructed the jury that the testimony of a single witness could suffice to convict him and that Jane’s out-of-court report of the assault to her friend could be used to establish that the assault occurred; and was sua sponte obliged to give a unanimity instruction. Under Senate Bill No. 136, effective January 2020, the sentencing enhancements imposed for prior prison terms must be stricken.
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