Filed 12/14/05 P. v. Gomez-Garcia CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JUAN PABLO GOMEZ-GARCIA, Defendant and Appellant. | H027667 (Santa Clara County Super. Ct. No. CC327067) |
Defendant was charged by amended information with nine sex crimes against J., his niece. A jury convicted him of three counts of aggravated sexual assault by forcible rape on a child under the age of 14 and 10 or more years younger than defendant, one count of aggravated sexual assault by forcible oral copulation of a child under the age of 14 and 10 or more years younger than defendant, and three counts of lewd and lascivious acts on a child under the age of 14. (Pen. Code §§ 269; 288, subd. (a).)[1] Defendant was also charged with and convicted of one count of misdemeanor molestation of a child under 18 (§ 647.6, subd. (a)) against Y., another niece. The jury was unable to agree on two of the counts involving J., and a mistrial was declared as to them. Defendant was sentenced to four consecutive terms of 15 years to life, for a total term of 60 years to life, on the aggravated assaults against J. The court stayed sentence on the lewd act counts pursuant to section 654 and imposed a concurrent county jail term for the misdemeanor count against Y.
On appeal, defendant argues that (1) the evidence of force or duress was insufficient to support the guilty verdicts on the aggravated sexual assault counts; (2) the trial court committed prejudicial instructional error by failing to define â€