The People v. Wozniski CA6

Filed 9/19/13 P. v. Wozniski CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H037538

(Monterey County Plaintiff and Respondent, Super. Ct. Nos. SS110113 &

SS091047)

v.

DARIO JOSEPH WOZNISKI,

Defendant and Appellant.

Defendant Dario Joseph Wozniski appeals a judgment following a jury trial during which he was convicted of five felony counts related to a sexual assault. On appeal, he asserts the trial court erred in his sentencing, because his conviction for attempted forcible oral copulation is a lesser included offense to assault with intent to commit oral copulation by force or fear or sexual penetration by force or fear. (Penal Code, §§ 220, 21a, 288a, subd. (c)(2).)

STATEMENT OF THE FACTS AND…