P. v. Osorio CA5
A jury convicted appellant Ariosto Lira Osorio of sexual intercourse with a child 10 years old or younger (Pen. Code, § 288.7, subd. (a); count 1) and two counts of lewd or lascivious acts with a child 14 years old or younger (§ 288, subd. (a); counts 2 & 3). The victims were two girls, one of whom was his daughter. He was sentenced to 25 years to life on count 1, plus two consecutive terms of 15 years to life on counts 2 and 3.
On appeal, appellant claims the trial court erred in not instructing the jury in count 1 with the allegedly lesser included offenses of battery and/or statutory rape. He further argues insufficient evidence supports his conviction in count 3. We affirm.
Comments on P. v. Osorio CA5