P. v. Siqueiros
A jury convicted defendant Cleto Siqueiros of two counts of lewd conduct with a child, one count of aggravated sexual assault of a child (rape), and two counts of forcible lewd acts upon a child. (Pen. Code, 288, subds. (a) & (b)(1), 261, subd. (a)(2), 269, subd. (a)(1).) The court imposed a total sentence of 29 years to life. It consisted of an indeterminate 15-years-to-life term for aggravated sexual assault and a consecutive determinate term of 14 years, comprising a six-year principal term for one count of lewd conduct; a subordinate consecutive, full mid-term of six years for a second count of lewd conduct; and a consecutive one-third the mid-term of two years for the third count of lewd conduct.
On appeal from the judgment, defendant contended that the court erred in giving CALJIC No. 10.64, the standard instruction on Child Sexual Abuse Accommodation Syndrome (CSAAS). He argued that it created an unconstitutional presumption, which in turn lowered the prosecutions burden of proof. He claimed his sentence violated the constitutional proscriptions against cruel and unusual punishment. And he claimed the imposition of full and/or consecutive terms for two counts of lewd conduct violated his constitutional right to a jury trial.Having reconsidered defendants claim in light of Cunningham, Court again affirm the judgment.
Comments on P. v. Siqueiros