Can a defendant be successful on appeal against a finding of not guilty of a section 288.7, subdivision (b) violation of section 288 of the California Penal Code?

committed in this case benefitted the defendant by placing on the People the burden of proving beyond a reasonable doubt a nonexistent element of section 288.7, subdivision (b). Whether for that reason or some otherthe record does not reflect the jury's reasoningdefendant was acquitted of an offense for which there is substantial support in the trial record. Defendant cannot complain on appeal there is a reasonable chance he would have been acquitted of the section 288, subdivision (a) violation as well if the court had repeated the error with respect to count 2. "It has long been the rule in this state that, in the absence of prejudice, a defendant may not complain of error favorable to the defendant, including the giving of correct, but inapplicable, instructions and return of a verdict of an offense less than that which the evidence shows." (People v. Lee (1999) 20 Cal.4th 47, 57.)