P. v. Haji
A jury convicted Aweis Haji of two counts of lewd and lascivious acts on a child (Pen. Code, 288, subd. (a)).[1] One of these counts alleged Haji penetrated the anus of the child, and the other count alleged Haji penetrated the vagina of the child. With respect to the count involving anal penetration, the jury also found that Haji had substantial sexual conduct with the victim ( 1203.066, subd. (a)(8)) and caused her bodily injury (id., subd. (a)(2)). The jury did not make those findings with respect to the other section 288, subdivision (a) count.[2] The trial court sentenced Haji to the upper term of eight years on the section 288, subdivision (a) count involving anal penetration and a consecutive two-year term on the other section 288, subdivision (a) count. Haji appeals, contending there was insufficient evidence to support his conviction on the section 288, subdivision (a) count involving molestation of the vaginal area. Haji also contends the court committed instructional error and his sentence violated section 654's prohibition against double punishment.
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