RIBERA

Christopher Bierra Ribera appeals from the judgment entered following a jury trial that resulted in his conviction for one count of aggravated sexual assault upon a child and two counts of aggravated lewd conduct with a child. On appeal, defendant contends that (1) the trial court erred in granting the People’s motion to amend the information to change the dates that the offenses allegedly occurred; (2) there was insufficient evidence to support the jury’s findings that defendant sodomized and assaulted the victim through use of duress or fear; (3) there was insufficient evidence to support defendant’s conviction for aggravated sodomy because the penetration of the victim occurred through her underwear; and (4) the imposition of upper and consecutive terms violates Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ].

In the published portion of this opinion, we address whether anal penetration through clothing is sodomy in violation of Penal Code section 286. We conclude that where there is penetration into a victim’s anus by a perpetrator’s sexual organ, it is sodomy in violation of Penal Code section 286, even if the victim is wearing clothes…