P. v. Valdez-Oroxco CA1/3
Defendant Melfido Otto Valdez-Oroxco appeals a judgment convicting him of, among other things, sexual penetration with a child under 10 years of age (Pen. Code, § 288.7, subd. (b)) and sentencing him to 30 years to life in prison. He contends the trial court erred by instructing the jury that “penetration of the labia majora constitutes penetration of a genital opening” and by failing to instruct the jury on the crime of attempted sexual penetration as a lesser included offense. He also contends he was denied his right to effective assistance of counsel when his attorney failed to object to closing argument by the prosecutor that he contends weakened the burden of proof beyond a reasonable doubt. We find no prejudicial error and shall affirm.
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