P. v. Saechao
A jury convicted defendant Liew Yoon Saechao of three counts of forciblelewd and lascivious acts upon his 11-year-old daughter Hi.L. (Pen. Code[1], 288, subd. (b)(1); counts I, II & III), three counts of lewd and lascivious acts upon Hi.L. ( 288, subd. (a); counts IV, V & VI), and two counts of lewd and lascivious acts upon his five-year-old daughter, Ha.L. (counts VII & VIII). The jury found that two acts involving Hi.L. had occurred on different occasions than the remaining acts involving Hi.L., and that one count involving Ha.L. had occurred on a different occasion than the other act involving Ha.L. The jury found that defendant committed lewd acts against two victims under age 14 within the meaning of section 667.61, subdivisions (b) and (e)(5).
Defendant was sentenced to state prison for a determinate term of 12 years (the six-year middle term on count VII plus a fully consecutive six-year term on count I), plus an indeterminate term of 45 years to life (three consecutive terms of 15 years to life) on counts II, III and VIII.
On appeal, defendant contends (1) evidence of his prior misdemeanor conduct was erroneously admitted for impeachment, and (2) his consecutive and fully consecutive sentences were imposed in violation of Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856]. Court affirm the judgment.
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