California Court of Appeal

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People v. Ngo, H038673

Defendant's convictions for sexual penetration with a child aged 10 or younger, lewd or lascivious acts on a child by force, and simple battery, are reversed and remanded, where: 1) the court erred in three respects, by misstating the year in the unanimity instruction, by failing to instruct the jury on the lesser offense of attempted sexual penetration, and erroneously instructed the jury on general intent as to the charge of sexual penetration, a specific intent crime; 2) only the first two errors prejudiced defendant, so reversal is only required on two counts, and the matter is remanded for resentencing and possible retrial on those counts only; and 3) as to the first count, the prosecution has the option of retrying defendant or accepting a conviction of attempted sexual penetration of a child aged 10 or younger.

Appellate Information

  • Decided 03/28/2013
  • Published 03/28/2014

Judges

  • MARQUEZ

Court

  • California Court of Appeal

Counsel