People v. Arteaga CA5

INTRODUCTION

Following a jury trial, defendant Roman Arteaga was convicted on three felony counts: one count of engaging in sexual intercourse or sodomy with a child 10 years old or younger in violation of Penal Code section 288.7, subdivision (a),1 (count 1), and two counts of engaging in oral copulation or sexual penetration of a child 10 years old or younger in violation of section 288.7, subdivision (b), (counts 2 & 3). Defendant was found not guilty on counts 4 and 5 for the felony offenses of committing a lewd or lascivious act with a child under the age of 14 in violation of section 288, subdivision (a), but was found guilty of the lesser included offense to each count, battery, a violation of section 243, subdivision (a).2 On appeal, defendant contends his convictions in counts 1, 2 and 3 should be reversed because (1) police violated his constitutional rights by coercing him into making incriminating statements; (2) the trial court committed prejudicial error by instructing the jury that sexual penetration under section 288.7 is a general intent crime; and (3) as a Mexican national, he should have been advised, upon his arrest and prior to his interrogation, of his right…