P. v. Ortega-Camacho CA6
A jury convicted defendant Jose Trinidad Ortega-Camacho of sexually penetrating a minor, committing a lewd act upon a minor, attempting to commit a lewd act upon a minor, and simple battery. On appeal from a judgment sentencing him to an indeterminate term of 18 years to life in prison, defendant argues that insufficient evidence supports his sexual penetration and attempted lewd act convictions. He also contends his simple battery conviction (for a lesser included offense) must be reversed because it should have been dismissed on defendant’s motion under Penal Code section 1118.1. The Attorney General notes that a sentencing error resulted in an unauthorized sentence. Although we find no prejudicial error requiring a new trial, we will reverse the judgment and remand the matter for resentencing to correct the identified sentencing error.
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