People v. Astengo CA4/2

I. INTRODUCTION

In July 2017, the San Bernardino County Sheriff’s Department received an

electronic storage device alleged to contain child pornography. Upon investigation, they

discovered numerous photographs depicting an adult man engaged in various forms of

sexual contact with a toddler over the course of multiple days. As a result, a jury found

defendant guilty of three counts of sexual intercourse or sodomy of a child 10 years of

age or younger (Pen. Code, § 288.7, subd. (a), counts 1, 3, & 5);1 one count of sexual

penetration of a child 10 years of age or younger (§ 288.7, subd. (b), count 7); and

counts of committing a lewd act upon a child under 14 years of age (§ 288, subd. (a),

counts 2, 4, 6, 8, & 9-15). In a bifurcated proceeding, the trial court found true a special

allegation that defendant had a prior conviction qualifying as a strike. Defendant was

sentenced to an aggregate term of 180 years to life and an additional 44 years in state

prison, which included the imposition of consecutive sentences on all counts.

Defendant appeals, arguing: (1) insufficient evidence supported his convictions

on counts 1, 3, 5, and 7 (§ 288.7, subds. (a) & (b)); (2)…