People v. Aleto CA4/3

Filed 11/26/14 P. v. Aleto CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048815

v. (Super. Ct. No. 11HF2725)

ERIC GATEANO ALETO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dan McNerney. Affirmed. Michael B. McPartland, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Scott C. Taylor and Charles C. Ragland, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury convicted defendant Eric Gateano Aleto of sexual intercourse with a child 10 years of age or younger (Pen. Code, § 288.7 (a); all statutory references are to the Penal Code), committing a forcible lewd act on a child under the age of 14 (§ 288.7 (b)(1)), engaging in sodomy with a child 10 years of age or younger (§ 288.7 (a)), four counts of engaging in oral copulation with a child 10 years of age or younger (§ 288.7 (b)), and two counts of committing a lewd act on a child under the age of 14 (§ 288 (a)). Aleto contends the trial court prejudicially erred by failing to instruct the jury that if it entertained a reasonable doubt on whether he committed the charged or lesser included

offenses, it should give him the benefit of the doubt and convict him only on the lesser included offenses. Finding no basis to reverse the judgment, we affirm. I