Bautista

— Following a jury trial, defendant, Mario Antonio Bautista, was convicted of four sex offenses involving two teenage girls (Pen. Code, §§ 289, subd. (i) [sexual penetration of person under the age of 16; count 1], 289, subd. (d)(4) [sexual penetration of person unconscious of the nature of the act; count 2], 289, subd. (h) [sexual penetration of person under the age of 18; count 3], 288, subd. (c)(1) [lewd or lascivious act on child age 14 or 15; count 5]), and of two counts of attempting to dissuade a witness or victim from reporting a crime (Pen. Code, § 136.1, subd. (b)(1) [counts 6 & 7]). Defendant was acquitted on an additional count of a lewd and lascivious act on a child age 14 or 15 (§ 288, subd. (c)(1); count 4). After denying defendant’s motion for a new trial, the trial court sentenced defendant to 11 years four months in state prison and required defendant to register as a sex offender pursuant to section 290.

On appeal, defendant claims his conviction in count 2 for sexual penetration of a person unconscious of the nature of the act must be reversed for lack of substantial evidence. He contends that, because he was an unpaid lay pastor, the jury could not…