People v. Aleto CA4/3

FACTS AND PROCEDURAL BACKGROUND

Savannah (born in November 1997) testified Aleto, her maternal uncle (born in March 1967), sexually abused her almost daily for several years beginning when

she was around eight or nine years old. Given the sole legal issue on appeal, we need not detail the abuse, which Savannah graphically described at trial. A videotape, created by Aleto, corroborated one of the incidents. Suffice it to say, the evidence supported the jury’s convictions, noted above. In August 2013, the trial court imposed a 25-years-to-life term for sexual intercourse with a child 10 years of age or younger (count 1), a consecutive 25-years-to- life term for sodomy with a child 10 years of age or younger (count 3), and a consecutive six-year midterm for forcible child molestation (count 2), for a total indeterminate term of 56 years to life. The court imposed concurrent terms on the other counts.

2 II

DISCUSSION

Trial Court Did Not Err by Failing to Instruct the Jury to Give Aleto the Benefit of the Doubt on the Lesser Included Offenses of Attempting to Commit the Charged Crimes of Sexual Intercourse and Sodomy Aleto contends the trial court prejudicially erred when it…