P. v. Cole
Defendant Robert Lee Cole was convicted by a jury of 12 counts of lewd conduct with a child (Pen. Code, 288, subd. (a),[1]sodomy of a child ( 269, subd. (a)(3)), rape of a child ( 269, subd. (a)(1)), and a lewd act upon a child by force or fear ( 288, subd. (b)(1)), crimes that were perpetrated on two stepdaughters over a five year period. The jury also rendered special Blakely findings that defendant inflicted great bodily injury, abused a position of trust and confidence and evinced cruelty, callousness and viciousness in committing the offenses.
After the court found that defendant had two prior strike felonies ( 1170.12) and one prior prison term ( 667.5, subd. (b)), he was sentenced to state prison for 630 years to life, plus 14 years. On appeal, defendant raises a host of instructional, evidentiary and sentencing errors by the trial court. With the exception of minor sentence modifications, Court affirm the judgment.
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