P. v. Parraguirre CA4/3
A jury convicted Ernesto Parraguirre of sexual penetration of a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b) [count 1 - Stephanie]; all statutory citations are to the Penal Code), lewd act on a child under age 14 years (§ 288, subd. (a) [count 2 - Stephanie]), criminal threats (§ 422 [count 3 - Cindy]), first degree residential burglary (§§ 459, 460, subd. (a) [count 4]), and assault with intent to commit a sexual offense during the commission of first degree burglary (§ 220, subd. (b) [count 5 - Cindy]). The jury also found he committed first degree burglary while a nonaccomplice was present in the residence (§ 667.5, subd. (c)(21)). Parraguirre contends the trial court abused its discretion and violated his constitutional rights by denying his posttrial motion to substitute appointed counsel, prejudicially erred in instructing the jury on flight (CALCRIM No. 372), and erred by failing to provide a unanimity instruction concerning the offense of sexual pen
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