P. v. Gonzalez CA4/3
Defendant Jose Sotero Gonzalez was convicted of 10 counts relating to sexual assault of an eight-year-old girl, A.L. He challenges three of the counts under Penal Code section 288, subdivision (a) on the basis of lack of evidence of specific intent. He also asserts that the sentences imposed for another three counts should have been stayed pursuant to section 654. And he wants the abstract of judgment corrected to reflect the fact that the court imposed only one $1,000 victim restitution fine on him, not two.
The Attorney General does not dispute Gonzalez’s position regarding the application of section 654 to the three counts he has identified for this appeal. The Attorney General also does not dispute that the court imposed only one victim restitution fine. The only disputed issue on appeal is, therefore, the sufficiency of the evidence of specific intent for three of his convictions under section 288, subdivision (a).
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