P. v. Elopre
Rogelio Elopre appeals from the judgment entered after he was convicted of two counts of lewd conduct on a child under 14, one by force and one without force. We reject his contentions that the trial court: on its own motion should have instructed the jury with certain lesser included offenses, and should have given an instruction clarifying that breasts are not sexual organs; erred by not suppressing his statement to police investigators; and erred by not allowing both cross-examination and argument concerning whether the victim’s hymen was still intact. Because the trial court erred in calculating his presentence custody credits, we modify the judgment to reflect the correct amount and affirm the modified judgment.
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