P. v. Owen
APPEAL from a judgment of the Superior Court of San Diego County, Louis R. Hanoian, Judge. Affirmed in part; reversed in part, with instructions.
A jury convicted Owen, Jr. of three counts of forcible oral copulation (Pen. Code, 288a, subd. (c)(2), counts 2, 3 and 4); inflicting corporal injury on a spouse ( 273.5(a), count 11); and battery ( 242, count 12). He was acquitted of two counts of lewd acts on a child ( 288, subd. (a), counts 9 and 10); and the court declared a mistrial regarding five counts of forcible oral copulation on which the jury did not attain unanimous verdicts ( 288a, subd. (c)(2), counts 1 and 5 through 8).
The trial court sentenced Owen to a total of 26 years in prison as follows: the upper term of eight years to be served consecutively for counts 2, 3, and 4; a consecutive two-year term for count 11; and, 180 days for count 12.
Owen contends: (1) a juror committed misconduct by consulting the website of defense counsel during jury deliberations; (2) the trial court erred in denying him access to confidential identifying information regarding eleven jurors, which he needed to support his motion for a new trial; (3) the prosecutor committed prejudicial error under Bradyv. Maryland (1963) 373 U.S. 83 (Brady); (4) the prosecutor committed misconduct during closing argument; and (5) the trial court erred under Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856] (Cunningham) by imposing upper term sentences. Court affirm in part and reverse in part with instructions.
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