P. v. Pascacio CA4/1
Defendant Armando Sotelo Pascacio appeals from a judgment of conviction after a jury found him guilty of engaging in sexual intercourse with a child 10 years old or younger and oral copulation of a child 10 or younger. The court sentenced him to 40 years to life.
Pascacio raises several issues on appeal but primarily argues there was insufficient evidence of the specific sexual activity required under Penal Code section 288.7, subdivision (a) for a reasonable juror to find him guilty of engaging in sexual intercourse with a child 10 years old or younger. He contends that while the evidence (including his own statement) may demonstrate that he penetrated Jane Doe's genitalia with his tongue, there is insufficient evidence in the record to support an inference of penile penetration.
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