P. v. Carter
A jury convicted defendant Richard Junius Carter on 10 counts charging various sex offenses committed over a number of years against three minor girls. (Pen. Code, 261.5, subd. (c)counts 2, 9, 11; 261.5, subd. (d)count 7; 288, subd. (a) count 4; 288, subd. (c)(1)count 6; 288.2, subd. (a) count 10; 288.5, subd. (a)count 3; 289, subd. (h) count 1; 289, subd. (j)count 5; unspecified section references that follow are to the Penal Code.) The jury acquitted defendant of one charged sex offense ( 289, subd. (i)--count 8), but found true allegations that defendant used obscene material in committing counts 3 and 4 ( 1203.066, subd. (a)(9)). The trial court sentenced defendant to an aggregate prison term of 20 years 4 months.
On appeal, defendant contends that (1) the court erroneously admitted evidence of uncharged acts; (2) CALJIC No. 2.21.2 (Witness Willfully False) unconstitutionally lessens the prosecutors burden of proof; (3) cumulative error compels reversal, (4) prosecution on count 7, charging a violation of section 261.5, subdivision (d), was time-barred; (5) the court exceeded its authority in ordering defendant not to have any contact with the victims; and (6) the court violated principles enunciated in Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham) in imposing the upper term on count 3. Court reverse defendants conviction on count 7 and strike the no contact/no visitation order. In all other respects, Court affirm the judgment.
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