People v. Reyes CA6

STATEMENT OF THE CASE

A jury convicted defendant Michael Alexander Reyes of one count of forcible sexual penetration by a foreign object (Pen Code, § 289, subd. (a)(1); count 2),1 five counts of forcible lewd conduct on a child under the age of 14 (§ 288, subd. (b)(1); counts 3, 5, 7, 9, and 11), 12 counts of forcible rape (§ 261, subd. (a)(2); counts 4, 6, 8, 10, 13, 14, 16, 17, 19, 21, 24, and 26), three counts of forcible oral copulation (§ 288a, subd. (c)(2); counts 12, 15, and 23), four counts of lewd conduct on a 14-year-old or 15- year-old child (§ 288, subd. (c)(1); counts 18, 20, 22, and 25), and two counts of aggravated sexual assault on a child (§ 269, subds. (a)(1) & (a)(5); counts 27 and 28). The trial court sentenced defendant to a term of 30 years to life plus a consecutive term of 95 years and eight months.

1 Subsequent unspecified statutory references are to the Penal Code. On appeal, defendant makes the following arguments: (1) there was insufficient evidence of force or duress to support counts 2-17, 19, 21, 23, 24, and 26-28, and those counts should accordingly be reversed or reduced to non-forcible lesser-included offenses; (2) counts 2-17, 19, 21, 23, 24,…