P. v. Oquita CA5
During a road trip to visit relatives, defendant Javier Romero Oquita rented a motel room, where he watched a pornographic movie and moved his nephew’s hand and head toward his exposed penis. He was subsequently convicted of two counts of committing a forcible lewd act against a child under the age of 14 years (counts 1 & 2) and one count of sending or exhibiting harmful matter to a minor (count 3). Defendant was sentenced to a total determinate term of 10 years in state prison as follows: the middle term of two years on count 3, a consecutive middle term of eight years on count 1 and, concurrent with the term on count 1, the middle term of eight years on count 2.
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