P. v. Webb
A jury convicted Mickael Deandre Webb on two counts—counts 3 and 4—of forcible anal or genital penetration (Pen. Code,[1] § 289, subd. (a)), and one count—count 5—of assault by means of force likely to produce great bodily injury (§ 245 subd. (a)(1)). It found true allegations that Webb personally inflicted great bodily injury in committing the crimes (§ 12022.8 [counts 3 and 4]; § 12022.7 subd. (a), 1192.7 subd. (c)(8) [count 5]). The trial court found Webb had suffered a prior prison conviction. (§ 667.5 subd. (b).) It sentenced Webb to prison for 31 years to life—one indeterminate term of 15 years to life (§ 667.1 subds. (b), (c) & (e) [count 3]), one consecutive indeterminate term of 15 years to life (§ 667.1 subds. (b), (c) & (e) [count 4]), and one consecutive one-year term for the prison prior. The court also imposed and stayed under section 654 the three-year term for count 5 and the corresponding enhancement.
Webb contends there is insufficient evidence of sexual penetration under section 289 subdivision (a) as to counts 3 and 4. We affirm.
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