P. v. Carniglia CA2/6
Steven Carniglia appeals a judgment after the jury convicted him of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2); count 1), forcible sodomy (§ 286, subd. (c)(2); count 2), lewd act upon a child (§ 288, subd. (a); count 3), and forcible lewd act upon a child (§ 288, subd. (b)(1); count 4). The trial court sentenced him to eight years in state prison (a six-year term for count 1, a consecutive two-year term for count 2, and sentences for the remaining counts stayed).
Carniglia contends (1) the trial court erred by admitting evidence of uncharged sexual offenses because it was unduly prejudicial; (2) the jury should have been instructed on nonforcible oral copulation and sodomy because they were lesser included offenses of counts 1 and 2; and (3) cumulative error. We affirm.
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