P. v. Alcaron
Defendant Clementino Alarcon sexually penetrated his four-year-old niece on multiple occasions. He told his fearful niece not to tell anyone about his conduct. He was originally charged by information with sexual penetration with a child aged 10 or younger (Pen. Code, § 288.7, subd. (b)) and lewd conduct with a child under 14 (Pen. Code, § 288, subd. (a)). A jury trial commenced in February 2011. The information was amended at trial to add a second lewd conduct count. The jury was unable to reach a unanimous verdict despite lengthy deliberations, and the court declared a mistrial.
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