P. v. Herrera
Following a jury trial, defendant Efrain Leon-Herrera was convicted of attempting to commit an act of sexual intercourse or sodomy of a child 10 years of age or younger (Pen. Code, §§ 664/288.7, subd. (a) -- count one; undesignated statutory references to follow are to the Penal Code), sexual penetration of a child 10 years of age or younger (§ 288.7, subd. (b) -- count three), and two counts of lewd and lascivious acts on a child under the age of 14 by force or fear (§ 288, subd. (b)(1) -- counts two & four). The trial court sentenced defendant to consecutive state prison terms of 9 years and 15 years to life.
On appeal, defendant contends his convictions for counts one and two must be reversed under the corpus delicti rule, and counsel was ineffective for failing to object to testimony regarding the victim’s statements to a police officer. We affirm.
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