People v. Pena CA4/2

Filed 12/11/15 P. v. Pena CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, E061908

v. (Super.Ct.No. RIF1400813)

THOMAS PACHECO PENA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Jeffrey Prevost, Judge.

Affirmed with directions.

Doris M. LeRoy, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Adrianne S.

Denault, Deputy Attorneys General, for Plaintiff and Respondent.

1

A jury convicted defendant and appellant Thomas Pacheco Pena of three counts of

engaging in sexual intercourse with a child under the age of 10 (Pen. Code1 § 288.7,

subd. (a), counts 1-3); three counts of engaging in oral copulation or sexual penetration

with a child under the age of 10 (id., subd. (b), counts 4-6); and one count of possessing