People v. Aguirre CA6

STATEMENT OF THE CASE

An information charged defendant Luis Antonio Aguirre with 12 counts of aggravated sexual assault of a child under 14 years of age (Pen. Code, § 269; counts 1- 12) and 12 counts of forcible lewd acts upon a child (Pen. Code, § 288, subd. (b)(1); counts 13-24). The named victim in all 24 counts was Kassandra Doe. The case proceeded to jury trial. On the motion of the prosecutor, count 4 was dismissed due to insufficient evidence. The jury convicted defendant on counts 2, 3, 9- 13, and 17-24. For each of counts 14, 15, and 16, the jury found defendant guilty of the lesser included offense of lewd conduct on a child (Pen. Code, § 288, subd. (a)). The jury acquitted defendant on count 1 and counts 5-8. The trial court sentenced defendant to a prison term of 90 years to life consecutive to 64 years. Defendant now appeals from the judgment of conviction. On appeal, defendant argues that we must reverse the judgment due to the admission of his involuntary confession.1 As set forth below, we will affirm.

DISCUSSION2

Defendant contends that his confession was involuntary, and thus inadmissible, because “the police coerced [his] admissions by insisting his denials…