Shenouda

A jury convicted defendant and appellant, Milad Anis Shenouda, of committing a lewd act upon Brianna W., a 13-year-old girl. (Pen. Code, § 288, subd. (a); count 3.) The jury acquitted defendant of the charge that he committed felony child molestation against Brianna. (§ 647.6, subd. (b); count 5.) The jury also acquitted defendant of charges that he committed sexual battery (§ 243.4, subd. (e)(1); count 4) and sexual battery by restraint (§ 243.4, subd. (a); count 1) against Teri W., Brianna’s mother, and acquitted him of the charge of first degree burglary (§§ 459, 460, subd. (a); count 2). The trial court denied probation and sentenced defendant to the statutory middle term of six years in state prison.

Defendant appeals his conviction on the ground that the prosecution failed to present substantial evidence that he touched the victim “with the specific intent of obtaining sexual arousal or gratification.” Defendant also appeals the trial court’s decisions to deny probation and sentence defendant to the middle term of six years in prison on the ground the court improperly relied on findings that defendant lacked remorse and had committed sexual offenses against Teri…