People v. Kelley

*236PETERS, J.

Defendant appeals from an order granting probation after convictions of violations of sections 288 and 288a of the Penal Code (lewd or lascivious act against a child under the age of 14 and sex perversion).

Defendant, while at home on leave from the Navy in January of 1964, resided with his wife and 8-year-old stepson David. David testified that one night while his mother was absent from the house, defendant came into his bedroom and copulated his mouth with David’s penis after handling David’s penis with his hands, and that upon defendant’s request, David masturbated defendant but…