P. v. Castrejon CA5
Following a jury trial, defendant Gabino Castrejon was convicted of two counts of forcible rape of a child over the age of 14, and one count of a lewd act with a child under the age of 14. Defendant now contends the trial court committed prejudicial and/or constitutional error when it failed to instruct the jury on the lesser crime of unlawful sexual intercourse with a minor, as defined by Penal Code section 261.5. Defendant further notes the sentencing minute order and the abstract of judgment both reflect an incorrect number of local conduct credits. While we agree there are errors in the abstract of judgment and the minute order, we do not agree defendant was harmed by the lack of an instruction for unlawful sexual intercourse. We remand for a correction of the errors related to sentencing and affirm in all other respects.
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