People v. Schulz

Opinion

ELIA, J.

1. Introduction

Defendant Kenneth Lee Schulz appeals from his conviction after court trial based on the preliminary hearing transcript of six counts of sexually molesting his niece, who was then under fourteen years of age. (Pen. Code, § 288.) Five subdivision (a) counts (one through six, except four) involved lewdly or lasciviously touching her body with the intent of arousing, appealing to, or gratifying his or her lust, passion, or sexual desires. One subdivision (b) count (count four) involved such touching by use of force, violence, duress, menace, or fear of immediate and…