P. v. Torres
Defendant Jaime Hernandez Torres was found guilty of a forcible lewd and lascivious act on a child under 14 (Pen. Code, 288, subd. (b)(1)) and sentenced to six years in prison.
1. There was insufficient evidence of force to support the conviction.
2. Even assuming there was sufficient evidence of force, there was sufficient evidence of lack of force so as to require the trial court to instruct on the lesser included offense of a nonforcible lewd and lascivious act on a child under 14.
3. The trial court erred by admitting evidence that defendant had committed a prior sexual offense. Court find no prejudicial error. Hence, Court will affirm.
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