People v. Zepeda
Annotate this CaseDefendant was the Minor’s stepfather. Minor was 10-11 years old when he began sexually abusing her. Minor said defendant abused her approximately twice a week. Defendant spoke with police detectives after being read his rights. He initially denied having touched Minor inappropriately but changed his story as the interview progressed. A jury found defendant guilty of two counts of aggravated sexual assault of a child—oral copulation (Penal Code 269(a)(4); counts two and three); seven counts of committing a forcible lewd act on a child (section 288(b)(1); counts four-10); and one count of continuous sexual abuse of a child (section 288.5; count 12). Counts four through seven were based on four instances of defendant touching Minor’s vagina; count eight was based on Minor’s hand touching defendant’s penis; count nine was based on defendant’s penis touching her vagina; and count 10 was based on his penis touching her anus. The court sentenced defendant to a term of 56 years plus 30 years to life. The court of appeal affirmed, rejecting arguments that the evidence was insufficient to support a finding that he committed four of the crimes through force, violence, fear, or duress, and that the trial court erred in instructing the jury as to oral copulation through clothing.
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