California, United States of America
The following excerpt is from People v. Reyes, H041629 (Cal. App. 2016):
Defendant appealed from the judgment of conviction. This court concluded that there was insufficient evidence of force or duress to support counts 2-17, 19, 21, 23, 24, and 26-28. This court additionally concluded that defendant was denied his right to discharge retained counsel at the sentencing hearing. Given these conclusions, this court issued the following disposition order: "The judgment is reversed. We remand to the trial court with the following directions: (1) strike the aggravated sexual assault on a child convictions in counts 27 and 28; (2) reduce the forcible lewd conduct convictions in counts 3, 5, 7, 9 and 11 to non-forcible lewd conduct in violation of section 288, subdivision (a); (3) reduce the forcible rape convictions in counts 4, 6, 8, 10, 13, 14, 16, 17, 19, 21, and 24 to unlawful sexual intercourse with a minor in violation of section 261.5, subdivision (d); (4) reduce the forcible rape conviction in count 26 to unlawful sexual intercourse with a minor in violation of section 261.5, subdivision (c); (5) reduce the forcible sexual penetration by a foreign object conviction in count 2 to non-forcible sexual penetration by a foreign object in violation of section 289, subdivision (j); (6) reduce the forcible oral copulation convictions in counts 12, 15, and 23 to non-forcible oral copulation in violation of section 288a, subdivision (b)(2); (7) conduct a new sentencing hearing for all counts with defendant afforded the opportunity to be represented by a new attorney." (People v. Reyes (Oct. 28, 2013, H036867) [nonpub. opn.].)
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