Mendoza

Defendant Ildefonso Mendoza was charged with two counts of sexual intercourse or sodomy with a child 10 years old or younger (Pen. Code, § 288.7, subd. (a); counts 1 & 2),* oral copulation or sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b); count 3), lewd act upon a child (§ 288, subd. (a); count 4), and possession of matter depicting a minor engaging in sexual conduct (§311.11, subd. (a); count 5). A jury convicted Mendoza on all counts. The trial court sentenced Mendoza to an aggregate state prison term of 67 years to life.

On appeal, Mendoza contends the trial court erred by failing to instruct the jury on the lesser included offenses of attempted sexual intercourse with a child 10 years of age or younger, attempted sodomy with a child 10 years of age or younger, and attempted oral copulation with a child 10 years of age or younger. Mendoza also contends the evidence was insufficient to support his conviction for possession of child pornography. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Prosecution’s Evidence

Mendoza lived with Maria Ignacio, their two sons J. and A., and Ignacio’s daughter, J. Mendoza and Ignacio had been…