P. v. Gray 9/14/11 CA2/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B224430

Case Date: 12/15/2011

Preview:Filed 9/14/11

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, v. IAN ANTHONY GRAY, Defendant and Appellant.

B224430 (Los Angeles County Super. Ct. No. BA356207)

APPEAL from a judgment of the Superior Court of Los Angeles County, William N. Sterling, Judge. Affirmed in part and reversed in part. Nancy L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent. --------------------

A jury convicted Ian Anthony Gray of nine counts alleging continuous sexual abuse of three victims, lewd acts upon a fourth victim, and forcible rape of a fifth victim, all of whom were children at the time of the alleged offenses. The trial court sentenced Gray to state prison for 136 years to life. Gray appeals, arguing that his prosecution on one count was barred by the statute of limitations, that the court abused its discretion in excluding evidence, and that the court erred prejudicially in failing sua sponte to instruct the jury on the lesser included offense of battery on one count. We reverse Gray`s conviction on count 9 and remand for resentencing. BACKGROUND An information filed on July 20, 2009 charged Gray with continuous sexual abuse of K.S., in violation of Penal Code section 288.51 (count 1); continuous sexual abuse of S.G., in violation of section 228.5 (count 2); lewd acts upon a child under the age of 14, M.G., in violation of section 288, subdivision (a) (counts 3

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