P. v. Diaz CA4/3
A jury convicted defendant Ruben Hernandez Diaz of committing 12 counts of lewd acts upon his two stepdaughters, C.M. and L.P., in violation of Penal Code section 288, subdivision (a). The jury also found: (1) as to all counts, defendant committed the crime against more than one victim, in violation of section 667.61, subdivisions (b) and (e)(4) and section 1203.066, subdivision (a)(7); and (2) as to counts 1, 2, 5 through 7, and 9 through 12, defendant had substantial sexual contact with a child under the age of 14, within the meaning of section 1203.066, subdivision (a)(8). The trial court sentenced defendant to 60 years to life in prison.
Defendant contends substantial evidence does not support his convictions on counts 10 (touching L.P.’s vagina) and 12 (touching defendant’s penis), involving L.P., because the evidence was duplicative of that for counts 9 and 11, and her testimony did not sufficiently describe two separate acts of touching L.P’s vagina and touching def
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