Cortes

I. Statement of the Case

Defendant Jesus Laguna Cortes appeals from a judgment entered after the trial court found him guilty of aggravated sexual assault — forcible rape — of a child, continuous sexual abuse of a child, and causing a child pain or suffering. (Pen. Code, §§ 261, 269, 273a, subd. (a), 288.5, subd. (a).) 1 On appeal, defendant claims the court erred in admitting his statements to police because he did not waive his Miranda 2 rights. He claims the separate conviction for aggravated sexual assault must be reversed because (1) there is insufficient evidence it occurred outside the period of continuous sexual abuse, and (2) the prosecutor could not properly charge a separate offense that occurred one day after the alleged period of continuous sexual abuse. Last, he claims there is insufficient evidence he caused the victim pain or suffering likely to produce great bodily injury.

We find no merit to these claims and affirm the judgment.

II. Facts

Until 1994, defendant lived with his wife, their 12-year-old daughter (the victim), and other family members. That year he moved out after a physical *67 fight with his wife. Nevertheless, defendant continued to…