P. v. Muzquiz
A jury convicted Francisco Bravo Muzquiz of assault with intent to commit sexual penetration by a foreign object (Pen. Code, 220, 289); attempted sexual penetration by a foreign object ( 289, subd. (a), 664); false imprisonment by violence ( 236, 237, subd. (a)); and misdemeanor sexual battery ( 243.4, subd. (e)(1)). Prior to trial, Muzquiz pled guilty to the charge of failing to register as a sex offender. (Former 290, subd. (g)(1).) The trial court sentenced Muzquiz to four years' imprisonment.
The attorney general concedes that Muzquiz's first argument has merit, and we agree. Muzquiz was improperly convicted of both the greater offense of assault with intent to commit sexual penetration by a foreign object and the lesser included offense of attempted sexual penetration by a foreign object. However, Court conclude that Muzquiz's remaining contentions lack merit. Accordingly, Court reverse the conviction on the lesser included offense of attempted sexual penetration by a foreign object, and Court affirm the remainder of the judgment.
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