P. v. Ibanez CA1/3
Defendant was charged with four counts of sexual intercourse with Jane Doe One (Doe One), a child who was 10 years of age or younger (Pen. Code, § 288.7, subd. (a), counts 1, 3, 5, 7). He was also charged with multiple counts of lewd acts upon a child under 14 (§ 288, subd. (a) (288(a))): four involving Doe One (counts 2, 4, 6, 8); and two involving Jane Doe Two (Doe Two) (counts 9 and 10). The charges concerning Doe One specified that counts 1 and 2 concerned conduct “In the bedroom—first time”; counts 3 and 4 concerned conduct “In the bedroom—the time when her sister was at the house”; counts 5 and 6 concerned conduct “In the bathroom”; counts 7 and 8 concerned conduct “The same day as the bathroom incident.” A One Strike multiple-victim allegation was alleged as to each of the section 288(a) counts. (§ 667.61, subds. (e), (j)(2).)
After trial in October and November 2019, a jury found defendant not guilty of counts 7 and 8, and could not reach a verdict on co
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