P. v. Marin
Trinidad Marin appeals his conviction by jury of multiple acts of sexual misconduct with two minors, his sister-in-law, R.R., and his daughter, J.M. Specifically, he was convicted of three counts of lewd acts upon R.R. (Pen. Code, 288, subd. (a)), rape of J.M. ( 269, subd. (a)(1)), continuous sexual abuse of J.M. ( 288.5, subd. (a)), and three counts of oral copulation of J.M. ( 288a, subd. (c)(1)). He was sentenced to 31 years to life in state prison.
Appellant contends that his right to a speedy trial was violated by pre-arrest delay, that the trial court committed several prejudicial evidentiary errors, that his trial counsel rendered ineffective assistance of counsel, that there was insufficient evidence to establish the criteria necessary to extend the statute of limitations for some of the charges, that the instruction on the extension criteria was erroneous, and that his conviction for continuous sexual abuse of J.M. should have been dismissed. We agree with his last contention and vacate the conviction for count 6, continuous sexual abuse. ( 288, subd. (a).) Court otherwise affirm the judgment.
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