Posttrial Motion to Dismiss a Continuous Sexual Abuse Charge

In People v. Alvarez (2002) 100 Cal.App.4th 1170, involving a court trial, the Court of Appeal held the trial court properly granted a posttrial motion to dismiss the continuous sexual abuse charge and convicted the defendant on individual lewd conduct counts. (Alvarez, 100 Cal.App.4th at p. 1177.) It pointed out that by failing to demur to the information, which showed on its face the improperly pleaded counts, the defendant had waived any challenge to the prosecution proceeding on all the counts and then making an election before the trial court took that action. (Id. at pp. 1176-1177.) The court stated its conclusion was consistent with the statute's legislative purpose: "It would be anomalous if section 288.5, adopted to prevent child molesters from evading conviction, could be used by those molesters to circumvent multiple convictions with more severe penalties and prior-strike consequences than available for a conviction under section 288.5." (Alvarez, at pp. 1177-1178.)