P. v. Duenas CA2/4
Defendant Jose Duenas was convicted of sexual intercourse or sodomy with a child 10 years old or younger, attempted sexual intercourse or sodomy with a child 10 years old or younger, and oral copulation or sexual penetration with a child 10 years old or younger. He challenges the sufficiency of the evidence on the count for sexual intercourse or sodomy, and we find that the evidence was sufficient to support the conviction. We therefore affirm the conviction.
Defendant also challenges the court’s order that he undergo testing for HIV/AIDS; the Attorney General agrees this order was erroneous. We therefore reverse the court’s order regarding testing. Defendant further asserts that the abstract of judgment incorrectly characterized his conviction on one count of attempted sexual intercourse or sodomy with a child 10 years old or younger; the Attorney General agrees and the record supports defendant’s assertion. We therefore direct the trial court to correct the abstract of
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