People v. Cornett
Annotate this CaseDefendant was convicted of seven felony sex offenses related to the molesting of his two stepdaughters, including one count of oral copulation of Jane Doe 1 in violation of Penal Code 288.7. Defendant claimed on appeal, among other things, that his section 288.7(b) conviction must be reversed and the count dismissed because Jane Doe 1 - who was 10 years and approximately 11 months old at the time of the molestation - was not "10 years of age or younger" within the meaning of section 288.7. The court concluded that the interpretation of the statutory phrase "10 years of age or younger" included children younger than 10 years of age and children who have reached their 10th birthday but who have not yet reached their 11th birthday. That is, "10 years of age or younger" as expressed by the Legislature in section 288.7 was another means of saying "under 11 years of age." Accordingly, the court reversed the judgment of the Court of Appeals to the extent it concluded defendant was improperly convicted of violating section 288.7(b) with respect to Jane Doe 1.
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