P. v. Frank
Appellant was convicted by a jury of two counts of corporal injury of a child, and one count of assault causing the death of a child under the age of eight. On this appeal, he contends that: (1) the trial court erred in admitting evidence of his objections to a police search of his home; (2) the trial court should have given a unanimity instruction on the count of assault causing death; (3) a juror should not have been discharged during deliberations; and (4) his sentence of 60 years 4 months to life in prison constitutes cruel and unusual punishment. Court agree that the evidence of appellants objections to the search should not have been admitted, but find the error harmless beyond a reasonable doubt. Court reject appellants other contentions, and affirm the conviction and sentence.
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