P. v. Garcia
Defendant and appellant Julian Delgado Garcia was convicted on six counts of various forms of sexual molestation of a child, Jane Doe. He contends that his conviction on count 2, sexual penetration of a child under the age of 10, in violation of Penal Code section 288.7, subdivision (b),[1] must be reversed because the prosecution failed to prove that the single act of digital penetration Doe described occurred after the effective date of the statute.
As we discuss below, we agree. We will also correct clerical errors in the abstract of judgment and sentencing minutes.
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