P. v. Basped
Filed 2/27/06 P. v. Basped CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
THE PEOPLE,
Plaintiff and Respondent,
v.
DIAMON ANTWUAN BASPED,
Defendant and Appellant.
| C049552
(Super. Ct. No. 04F02561)
|
A jury found defendant Diamon Antwuan Basped guilty of committing six sex offenses against the eight-year-old daughter of his live-in girlfriend (Pen. Code, §§ 269, subd. (a)(5), 288, subds. (a), (b)(1)),[1] and the trial court found true an allegation he had previously been convicted of child molestation (§ 288, subd. (a)).
Sentencing defendant pursuant to the statute applicable to habitual sexual offenders, the trial court imposed a total sentence of 305 years to life in state prison.
Defendant contends his sentence violates federal and state constitutional principles against cruel and unusual punishment. We shall affirm the judgment.
BACKGROUND
Because defendant does not challenge the sufficiency of the evidence to support his convictions or the true finding on his prior conviction, we merely set forth an overview of the case as a backdrop for the sentencing facts relevant to our discussion.
At the time of these events, defendant lived with his girlfriend and the victim, her eight-year-old daughter, A.M.
A.M. testified at trial that, on various occasions during the previous year, defendant forced his fingers into her vagina; â€
