P. v. Pena
Following a jury trial, defendant was found guilty of 16 counts of committing lewd acts on a child under the age of 14 (Pen. Code, 288, subd. (a)) (counts 1 through 16) and four counts of forcible lewd acts on a child ( 288, subd. (b)(1)) (counts 17 through 20). Defendant was sentenced to a total term of 30 years in state prison. On appeal, defendant contends (1) there was insufficient evidence to support his conviction for 16 separate counts of lewd acts upon a child under the age of 14 within the meaning of section 288, subdivision (a); and (2) the trial court erred in denying his motion for new trial because there was insufficient evidence of force to support his conviction on counts 17 through 20 for violating section 288, subdivision (b)(1). Court reject these contentions and affirm the judgment.
Comments on P. v. Pena