P. v. Gutierrez
Defendant appeals from a judgment convicting him of residential burglary and lewd act on a child. The offenses arose from Gutierrez's conduct of entering a home and undressing a two year old child in her crib. He challenges: (1) the admission of uncharged sexual offense evidence; (2) the sufficiency of the evidence to support the lewd act conviction; and (3) the court's failure to instruct on the lesser included offense of attempted lewd act. He also argues the imposition of a 15 year to life sentence for commission of the sex offense during a burglary as required under Penal Code section 667.61 constitutes cruel and unusual punishment. Court reject his arguments and affirm the judgment.
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