California Court of Appeal

Conviction and sentence for multiple counts of child molestation are affirmed over claims that: 1) the trial court abused its discretion in admitting evidence of a prior rape defendant committed; 2) a jury instruction on use of the prior rape evidence violated his due process rights; 3) the sentence violated the prohibition on cruel and unusual punishment; and 4) imposition of consecutive sentences without jury findings on the facts supporting the consecutive sentences violated his jury trial and due process rights.

Appellate Information

• Decided 07/18/2007
• Published 07/18/2007

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Office of A.M. Weisman and A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr. and Bill Lockyer, Attorneys General, Dane R. Gillette and Mary Jo Graves, Chief Assistant Attorneys General, Michael P. Farrell, Senior Assistant Attorney General, and John G. McLean and Harry Joseph Colombo, Deputy Attorneys General, for Plaintiff and Respondent.