P. v. Gonzalez
The jury found appellant Victorino Gonzalez guilty of one count of sexual intercourse with a child 10 years of age or younger (Pen. Code, § 288.7, subdivision (a))[1] and of three counts of sexual penetration of a child 10 years of age or younger (§ 288.7, subd. (b)). Gonzalez was sentenced to a term of 25 years to life on the intercourse count (count one), a consecutive term of 15 years to life for one of the penetration counts (count two), and two concurrent terms of 15 years to life for the other two penetration counts (counts three and four).
Gonzalez was the victim’s stepfather, living in her mother’s house and began molesting her just before she turned nine years old. The molestations continued until, in the victim’s words, she was “like ten.†There is no question there was substantial evidence of actual sexual penetration at least once, since the victim testified Gonzalez’s penis went “inside†of her vagina.[2]
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