P. v. Hazelton
A jury convicted appellant, Arthur Henry Hazelton, Jr., of two counts each of aggravated sexual assault on a child under the age of 14 who is 10 or more years younger sodomy (counts 1 & 8/Pen. Code, 269, subd. (a)(3)),[1]aggravated sexual assault of a child under the age of 14 who is 10 or more years younger oral copulation (counts 2 & 9/ 269, subd. (a)(4)), sodomy of a child under the age of 14 who is 10 or more years younger (counts 5 & 12/ 286, subd. (c)(1)), oral copulation of a child under the age of 14 who is 10 or more years younger (counts 6 & 13/ 288a, subd. (c)(1)), and four counts of lewd and lascivious conduct with a child under the age of 14 (counts 3, 4, 10 & 11/ 288, subd. (a)). In a separate proceeding, Hazelton admitted a serious felony enhancement ( 667, subd. (a)), a prior prison term enhancement ( 667.5, subd. (b)),
and allegations that he had a prior conviction within the meaning of the three strikes law ( 667, subds. (b)-(i)).
On appeal, Hazelton contends: 1) his convictions in counts 5, 6, 12, and 13 must be reversed because the underlying offenses are lesser included offenses of the offenses he was convicted of in counts 1, 2, 8, and 9; and 2) his abstract of judgment contains certain errors. Court will find merit to these contentions. In all other respects, Court affirm.
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