P. v. Rodriguez CA2/5
Defendant Fernando Rodriguez appeals from a judgment of conviction following a jury trial. A jury found defendant guilty of violating: Penal Code section 288.7, subdivision (b), oral copulation or sexual penetration on a child under the age of 10, a felony (counts 1 & 5); section 288, subdivision (a), lewd conduct with a child, a felony (counts 2 & 6); section 647.6, subdivision (a)(1), annoying or molesting a minor, a misdemeanor (count 3); and section 313.1, subdivision (a), distributing or exhibiting harmful material to a minor, a misdemeanor (count 4). The trial court sentenced defendant to a total term of 40 years to life on the felony counts and imposed one-year terms for the misdemeanor counts to be served concurrently. Defendant contends he received an unfair trial following an outburst by the victim’s father on the witness stand. Defendant also argues the judgment for count 3 must be reversed because the trial court gave conflicting jury instructions. We affirm.
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