People v. Gutierrez

Opinion

LILLIE, J.

A jury found defendant guilty 1 of forcible rape of Tianne H. (§ 261, subd. 3, Pen. Code) and that he acted in concert with another in violation of section 264.1, Penal Code (count I); forcing Tianne, a child under the age of 14 years and more than 10 years younger than he, to orally copulate him (§ 288a, subd. (c), Pen. Code) and that he acted in concert with another in violation of section 288a, subdivision (d), Penal Code (count II); lewd and lascivious acts on Tianne, a child under the age of 14 years (§ 288, Pen. Code) (count III) and false imprisonment (§ 236, Pen.…