People v. Iniguez CA6

I. INTRODUCTION

Defendant Andres Iniguez appeals after conviction, by jury trial, of three counts of committing a lewd or lascivious act on a child under the age of 14 (Pen. Code, § 288, subd. (a)1), three counts of aggravated sexual assault of a child under the age of 14 (§ 269), five counts of committing a forcible lewd or lascivious act on a child under the age of 14 (§ 288, subd. (b)(1)), and one count of attempted lewd or lascivious act on a child aged 14 or 15 (§§ 664/288, subd. (c)(1)). Defendant was sentenced to an indeterminate prison term of 45 years to life, consecutive to an aggregate determinate term of 38 years. On appeal, defendant contends: (1) there was no substantial evidence that he used force, fear, or duress to commit the aggravated sexual assaults or the forcible lewd or lascivious acts; (2) the prosecution failed to prove he did not reasonably believe the

1 All further statutory references are to the Penal Code unless otherwise indicated. victim consented to sexual intercourse, and the trial court failed to properly instruct the jury on the definition of consent; (3) the trial court erred by failing to give lesser included offense instructions as to…