P. v. Spencer
Defendant appeals the judgment entered following his conviction by jury of two counts of forcible lewd act upon a child under the age of 14 years, one count of lewd act upon a child under the age of 14 years and one count of making a criminal threat. (Pen. Code, 288, subd. (b)(1), 288, subd. (a), 422.) The jury found that, in the commission of each count of lewd act, Spencer committed an offense specified in section 667.61, subdivision (c), against more than one victim, thereby triggering the provisions of the One Strike law. The trial court found Spencer had three prior convictions within the meaning of the Three Strikes law ( 667, subs. (b)-(i), 1170.12) and section 667, subdivision (a)(1), and sentenced Spencer to four consecutive life terms with a mandatory minimum term before parole eligibility of 265 years.
In this appeal, Spencer claims three of his four convictions are not supported by sufficient evidence and admission of propensity evidence under Evidence Code section 1108 violated his right to a fair trial. Court reject these contentions and affirm the judgment.
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