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IN RE ASENCIO

No. B207133.

166 Cal.App.4th 1195 (2008)

In re JOSE ROBERTO ASENCIO on Habeas Corpus.

Court of Appeals of California, Second District, Division Seven.

September 15, 2008.

Attorney(s) appearing for the Case

David H. Goodwin, under appointment by the Court of Appeal, for Petitioner Jose Roberto Asencio.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson, Michael R. Johnsen and Jonathan J. Kline, Deputy Attorneys General, for Respondent State of California.

OPINION

ZELON, J.—

Petitioner Jose Roberto Asencio alleges that the evidence was insufficient to sustain his conviction for violating Penal Code1 section 269, subdivision (a)(5); that there was insufficient evidence of more than one act of sexual penetration such that two of the counts on which he was convicted must be reversed; and that he received...

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