Error and/or relief
Two of the convictions for a lewd act upon a child of 14 or 15 years must be reversed because there was insufficient evidence that victim was under 16 years old at the time of the crimes. The People concede and ask us to modify the verdicts to the lesser included and affirm as modified. Remanded for full resentencing.
Holding:
Where the appellate court finds there is insufficient evidence to support a conviction for a greater offense, it may modify the judgment of conviction to reflect a conviction for a lesser included offense.
Authority:
People v. Ellis (2025) 108 Cal.App.5th 590, 601