P. v. Figueroa
The People charged Jose Figueroa with 22 counts of sexual misconduct involving two children, B.M. and R.R. At the conclusion of evidence at trial, the court granted the People's motion to dismiss six of the original 22 counts (counts 6 & 8 involving B.M.; counts 16, 18, 20 & 22 involving R.R.).
The jury subsequently convicted Figueroa of six counts of sexual misconduct involving B.M. including count 1, sodomy with a child 10 years old or younger (Pen. Code,[1] § 288.7, subd. (a)); counts 4 and 5, oral copulation with a child 10 years old or younger (§ 288.7, subd. (b)); counts 7 and 9, lewd act upon a child (§ 288, subd. (a)); and count 12, forcible lewd act upon a child (§ 288, subd. (b)(1)). As to counts 7, 9 and 12, the jury also found true the allegations that Figueroa had engaged in substantial sexual contact with B.M. (§ 1203.66, subd. (a)(8).)
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