P. v. Avila CA5
Defendant Robert Avila, Jr., was charged with seven counts of committing a lewd or lascivious act upon D.B., a child under 14 years of age; and 11 counts of committing a forcible act of sexual penetration upon D.B.. Later, at the prosecution’s request, counts 16 through 18 were dismissed. The information alleged that defendant perpetrated the offenses underlying counts 1 through 7 between January 1988 and July 18, 1988, when D.B. was 13 years old; and perpetuated the offenses underlying counts 8 through 15 between August 1988 and November 1989, when D.B. was at least 14 years old. The information also alleged that the special supplementary statute of limitations for certain sex crimes against minors controlled. The jury found defendant guilty as charged.
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