People v. Brownmace CA5

INTRODUCTION

Neal Glen Brownmace, appellant, argues substantial evidence does not support his conviction of sodomy of a child 10 years old or younger. He further argues the abstract of judgment must be amended to accurately reflect his conviction. We affirm the judgment and remand the matter with directions to amend the abstract of judgement to correctly reflect appellant’s conviction on count 3.

PROCEDURAL HISTORY

On September 21, 2021, the Merced County District Attorney’s Office charged appellant with two counts of oral copulation or sexual penetration with a child 10 years old or younger (Pen. Code, § 288.7, subd. (b)1; counts 1 & 2), and sexual intercourse or sodomy with a child 10 years old or younger (§ 288.7, subd. (a); count 3.) A jury found appellant guilty on all counts. Appellant was sentenced to 55 years to life in prison−15 years to life on each of counts 1 and 2, and 25 years to life on count 3.

STATEMENT OF FACTS

The facts are abridged to those relevant to the legal issue presented. Appellant’s victims were his two stepdaughters, M.B. and J.M. When M.B was five years old, and J.M. was six years old, appellant began sexually abusing them. The abuse occurred…