P. v. Cover CA3
Defendant Eric Alan Cover’s first trial ended when the jury was unable to reach a unanimous verdict on charges he had digitally penetrated and orally copulated 17-year-old A.B. Defendant’s second jury trial resulted in his conviction of oral copulation of a person under the age of 18 (Pen. Code, § 288a, subd. (b)(1)) and oral copulation of an unconscious person (§ 288a, subd. (f)), and his acquittal of sexual penetration by foreign object of a person under the age of 18 (§ 289, subd. (h)) and sexual penetration by a foreign object of an unconscious person (§ 288a, subd. (f)). The trial court sentenced defendant to serve three years in prison for oral copulation of an unconscious person and a stayed 16-month term for oral copulation of a person under the age of 18. The trial court imposed various fines and fees and ordered defendant to pay victim restitution totaling $13,151.11.
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