P. v. Pineda
A jury convicted Luis Alberto Pineda of 17 counts of committing a lewd act on a child under 14 years old (Pen. Code, § 288, subd. (a); all statutory references are to the Penal Code unless otherwise stated), two counts of forced sodomy (§ 286, subd. (c)(2)), two counts of sodomy of a child under 16 years old (§ 286, subd. (b)(2)), two counts of oral copulation of a child under 16 years old (§ 288a, subd. (b)(2)), two counts of committing a lewd act on a child at least 10 years younger (§ 288, subd. (c)(1)), one count of oral copulation or sexual penetration of a child under 10 years old (§ 288.7, subd. (b)), one count of attempted lewd act on a child (§ 288, subd. (a), § 664, subd. (a)), and three counts of misdemeanor assault (§ 240). As to counts 1-2, 5-11, 14-18 and 26-30, the jury found that appellant committed crimes against multiple victims (§ 667.61, subds. (b), (e)). As to counts 2, 6-7 and 14-15, the jury found that substantial sexual contact occurred with the victims (§ 1203.66, subd. (a)(8)).
Pineda contends the trial court abused its discretion by excusing an ill juror during trial and replacing her with an alternate. The parties agree the court’s sentencing minutes should be amended to reflect that Pineda was found guilty by the jury of counts 27 through 29. For the reasons expressed below, we affirm the judgment and direct the trial court to correct its minutes.
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