People v. Rojas

Opinion

GOMES, J. —

A Fresno County jury found Benjamin Rojas guilty of sexually abusing his young stepdaughter in violation of Penal Code sections 288.5 and 288.7 (all further statutory references are to the Penal Code). Rojas was sentenced to 40 years to life in prison pursuant to section 288.7, subdivisions (a) and (b). A 12-year prison term was imposed for the section 288.5 conviction and stayed pursuant to section 654.

Appellant’s claims fall into three general categories: instructional error, procedural error, and sentencing error. With respect to instructional error, his briefs contain…