TEPETITLA-CRUZ

A jury convicted defendant, Jose Luis Tepetitla-Cruz, of seven counts of committing lewd and lascivious acts on a minor (Pen. Code, § 288, subd. (a)), [1] three counts of engaging in oral copulation with a person under the age of 14 who is more than 10 years younger than the defendant (§ 288a, subd. (c)(1)) and one count of committing a forcible lewd and lascivious act on a minor (§ 288, subd. (b)(1)). [2] The jury found true an allegation that defendant had committed lewd and lascivious acts against more than one victim (§ 667.61, subd. (e)(5)). Defendant was sentenced to prison for 15 years to life plus 26 years, and appeals, claiming the jury was misinstructed and insufficient evidence supports his conviction of committing forcible lewd and lascivious acts. We reject his contentions and affirm, while directing the trial court to correct errors in the information, the minutes of the sentencing hearing and the abstracts of judgment.

While there were two victims involved, the issues raised by defendant relate only to one of them, whom we identify as the second victim. [3] The facts related to the first victim are irrelevant to this appeal and the facts related to…