P. v. Salas CA4/1
A jury found Augustin Salas guilty of attacking Jane Doe, convicting him of three counts of sexual penetration by force; one count each of kidnapping, making criminal threats, and false imprisonment; and two counts of domestic violence battery. On appeal, Salas raises three arguments based on what he suggests is a lack of substantial evidence. He contends, first, that the record lacks sufficient evidence to support the asportation element of the kidnapping conviction, because he did not move Doe a sufficiently substantial distance. Second and third, Salas argues that, because the record lacks sufficient evidence to support three separate offenses of sexual penetration, the jury's conviction on one of the sexual penetration counts must be reversed, and the trial court erred in sentencing him to consecutive terms based on the court's finding that each of the three violations occurred separately.
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