P. v. Grant
A jury convicted defendant of committing lewd or lascivious acts on a child under age 14 by force (Pen. Code, 288, subd. (b)(1))[1](count 1), aggravated sexual assault of a child under age 14 and 10 or more years younger than defendant (former 269; Stats. 1994, 1st Ex. Sess. 1993-1994, ch. 48, 1, p. 8761) by penetration with a foreign object (id., subd. (a)(5); see 289, subd. (a)(1)) (count 2), and threats to commit a crime resulting in death or great bodily injury ( 422) (count 3). The trial court sentenced defendant to 23 years to life in prison, consisting of a principal term of two years for the threats conviction, a full consecutive term of six years for the lewd acts conviction, and a term of 15 years to life imprisonment for the aggravated sexual assault to run consecutively to the other two terms.
On appeal, defendant contends that the trial court erred in excluding proffered evidence that the victim was not home on the day of his alleged first sexual assault against her and abused its discretion in denying his motion for a mistrial following the victims outburst in the courtroom, that there was cumulative error, that his sentence is unconstitutional under the Sixth Amendment to the United States Constitution, and that his sentence constitutes cruel and/or unusual punishment in violation of the United States and California Constitutions. Court affirm the judgment.
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