People v. Apodaca

Opinion by

Judge NEY.

Defendant, Leo Apodaca, appeals the judgment of conviction entered upon a jury verdict finding him guilty of sexual assault on a child. The People cross-appeal the sentence imposed on that conviction. We affirm the judgment, vacate the sentence, and remand for resentencing.

The victim, a nine-year-old girl, testified that she went to the basement of her house because she was looking for her mother. Defendant, who lived in the basement, lifted the victim up and inserted his fingers into her vagina.

I

Defendant argues that the trial court abused its discretion by admitting…