People v. Nicholson

Opinion

ROUSE, J.

On appeal from a judgment of conviction for lewd and lascivious conduct upon the body of a child under the age of 14 years appellant contends that the sentencing court erred in committing him to prison on this count since he already had commenced serving a lesser term on a different count, and that the court also erred in sentencing him on a lesser included offense. Neither claim has merit.

The Evidence

On August 30, 1977, the victim, S., an 11-year-old girl, decided to leave home because of a disagreement with her mother. She went to the home of a 16- to 17-year-old male…