California Court of Appeal

Convictions of sexual intercourse or sodomy with a child 10 years old or younger, Pen. Code section 288.7 (a), oral copulation or sexual penetration with a child 10 years old or younger, section 288.7(b), lewd act upon a child, section 288 (a), and possession of matter depicting a minor engaging in sexual conduct, section 311.11 (a), are affirmed over defendant's meritless contentions that: 1) the trial court erred by failing to instruct the jury on the lesser included offenses of attempted sexual intercourse with a child 10 years of age or younger, attempted sodomy with a child 10 years of age or younger, and attempted oral copulation with a child 10 years of age or younger; and 2) the evidence was insufficient to support his conviction for possession of child pornography.

Appellate Information

• Decided 09/02/2015
• Published 09/02/2015

Judges

• STROBEL

Court

• California Court of Appeal

Counsel