P. v. Grazioli CA3
A jury convicted defendant Joseph Louis Grazioli of sexual penetration by a foreign object, forcible rape, and lewd act upon a child who was 14 or 15 years old. The trial court sentenced him to an aggregate prison sentence of 11 years 8 months.
Defendant now contends (1) the trial court abused its discretion by excluding evidence of prior sexual conduct between the complaining witnesses; (2) the trial court erroneously instructed the jury that the crime of sexual penetration by a foreign object was a general intent crime; (3) the count 4 lewd act conviction must be reversed because the People failed to prove beyond a reasonable doubt that the complaining witness was 14 or 15 years old at the time of the alleged offense; and (4) the trial court erred by failing to give a unanimity instruction on count 4.
We will reverse the conviction on count 4 and otherwise affirm the judgment.
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