P. v. Olmos CA4/3
A jury found defendant and appellant, Francisco Gabriel Olmos, guilty as charged in 13 counts of sex offenses against his three nieces, twin girls, I.L. and K.L., and their cousin, W.T. The jury also found two “One Strike” law allegations true. Defendant was sentenced to six consecutive terms of life without the possibility of parole on counts 1 through 6, plus 35 years eight months to life on counts 7 through 13.
In counts 1 through 6, defendant was convicted of forcibly sexually penetrating K.L., a minor age 14 or older. (§ 289, subd. (a)(1)(C).) Defendant claims the trial court prejudicially erred in failing to instruct the jury sua sponte on three lesser included offenses in counts 1 through 6: (1) nonforcible sexual penetration of a minor (§ 289, subd. (h)); (2) assault with intent to commit sexual penetration (§§ 220, subd. (a)(2), 289); and (3) sexual battery (§ 243.4, subds. (a), (d), (e)(1)).
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