P. v. Ayala CA4/3
A jury convicted David Franklin Ayala of lewd acts on a child (Pen. Code, § 288, subd. (a) [counts 1-5]; all statutory citations are to the Penal Code unless otherwise specified), sodomy by force (§ 286, subd. (c)(2) [count 6]), possession of child pornography (§ 311.11, subd. (a) [count 7]), and using a minor to produce obscene matter (§ 311.4, subd. (c) [count 8]). Ayala contends the trial court erred by admitting evidence of his sexual orientation, and by refusing to instruct the jury on attempted sodomy as a lesser included offense of the lewd act offenses charged in counts 3 and 4. As we explain below, these contentions fail. The parties agree the court minutes and abstract of judgment must be amended to accurately reflect Ayala’s sentence. We therefore direct the trial court to correct its minutes and to prepare an amended abstract of judgment. As modified, we affirm the judgment.
Comments on P. v. Ayala CA4/3