California Court of Appeal

Conviction and sentence for multiple sexual offenses on minors are affirmed over claims that: 1) the trial court erred in failing to instruct on Penal Code section 288 as a lesser included offense of section 269; 2) the trial court's finding under section 667.1(g) that the offenses were committed on separate occasions violated Blakely; 3) there was insufficient evidence to support a finding that there were four separate molestations of one minor; 4) the imposition of full consecutive sentences under Penal Code section 667.6(d) violated Blakely; and 5) defendant's sentence of 135 years to life constituted cruel and unusual punishment.

Appellate Information

• Decided 08/14/2007
• Published 09/05/2007

Judges

• BUTZ, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• S. Lynne Klein, Davis, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Patrick J. Whalen and David Andrew Eldridge, Deputy Attorneys General, for Defendant and Respondent.