People v. Rojas CA4/1

INTRODUCTION

A jury convicted Esteban Soto Rojas of committing one count of a lewd

act on a child (Pen. Code,1 § 288, subd. (a)), four counts of a forcible lewd act on a child (§ 288, subd. (b)(1)), and two counts of forcible sexual penetration of a child (§ 269, subd. (a)(5)). Rojas raises three issues on appeal. First, he argues the evidence of force, fear or duress was insufficient to support the four counts of aggravated lewd acts on a child. Second, he argues the victim’s forensic interview statements were improperly admitted as prior consistent statements. Third, he argues the trial court was required to instruct on sexual penetration of a minor as a lesser included offense of aggravated sexual penetration of a minor. Finding no error, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Prosecution Evidence Jane Doe was 15 years old when she testified against Rojas, her uncle. Jane, along with her parents, brother, three sisters, Rojas and other extended family members spent time together almost every weekend at Jane’s grandmother’s house. The children would sometimes be alone with Rojas while other adults were outside on the back porch. When Jane was eight or nine years…