California Court of Appeal

In a child abuse case, the Court affirmed that the trial court did not err in failing to instruct sua sponte concerning accomplice testimony and finding that defendant's 25-years-to-life prison term is cruel and unusual punishment; however, the Court reversed a finding that defendant was presumptively ineligible for probation.

Appellate Information

• Decided 07/19/2004
• Published 07/19/2004

Judges

•  BENKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Michael B. McPartland, Petaluma, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Quisteen S. Shum, Deputy Attorneys General, for Plaintiff and Respondent.