California Court of Appeal

Conviction and sentence for continuous sexual abuse of a child under the age of 14 are affirmed over claims that the trial court erred in: 1) failing to exclude evidence of a prior, uncharged sex offense against a different victim; 2) instructing the jury; 3) imposing the upper term of imprisonment, contrary to Cunningham v. California; and 4) failing to make a required probable cause finding before ordering that defendant submit to an AIDS/HIV test.

Appellate Information

• Decided 11/21/2007
• Published 11/21/2007

Judges

• MANELLA, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Daniel G. Koryn, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Robert S. Henry, Deputy Attorneys General, for Plaintiff and Respondent.