P. v. Garza CA1/3
Carlos Guzman Garza was convicted of an array of crimes arising from cosmetic medical procedures he performed on nine women, two of whom sustained great bodily injury, while he falsely posed as a physician or physician’s assistant. He was also convicted of sexual offenses against two of his victims.
Guzman Garza raises four discrete challenges to his conviction. He asserts: (1) his convictions for assault and battery must be reversed because the victims consented to the procedures he performed on them; (2) the evidence was insufficient to support a conviction for his sexual penetration of victim Miriam P.; (3) his convictions for battery and sexual battery as to Miriam P. must be reversed because they were lesser included offenses of sexual penetration; and (4) the court erred when it admitted evidence of an uncharged sexual assault pursuant to Evidence Code section 1108.
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