California Court of Appeal

Conviction and sentencing of a defendant to an indeterminate life term plus 10 years for forcible lewd conduct on a child under the age of 14 and related sexual assault is affirmed where: 1) there is sufficient evidence to uphold defendant's convictions for forcible lewd conduct and aggravated sexual assault; 2) defendant's sentence is modified to comport with section 654; and 3) all other aspects of trial court's judgment is affirmed, as considering the entire record of defendant's prior conviction, there is substantial evidence from which the trial court could find the conviction involved assault with a deadly weapon and therefore constituted a serious felony under the Three Strikes law.

Appellate Information

• Decided 10/28/2009
• Published 10/28/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Collette C. Cavalier, Deputy Attorneys General, for Plaintiff and Respondent.