P. v. Diaz
Based on three incidents involving three different victims over the course of approximately two months, a jury convicted Domenico G. Diaz of four counts of forcible lewd conduct with a child under 14 (Pen. Code, 288, subd. (b)(1) (hereafter 288(b)(1)) (counts 1, 2, 3, 6)), two counts of kidnapping ( 207, subd. (a) (counts 4, 7)), one count of making criminal threats ( 422 (count 5)), one count of kidnapping for rape ( 209, subd. (b)(1) (count 8)), and one count of assault with the intent to commit rape ( 220 (count 9)). The trial court sentenced Diaz to three consecutive life terms.
Diaz challenges the sufficiency of the evidence to support his conviction for count 6. Diaz contends that the record contains insufficient evidence that he used force, duress or menace to commit the lewd act against the victim at issue in count 6. As we will explain, court conclude that substantial evidence supports a finding that Diaz committed the offense at issue in count 6 by use of duress. Accordingly, court affirm.
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