P. v. Thomas
Defendant and appellant Stacey Thomas appeals from the judgment entered following a jury trial that resulted in his convictions for forcible rape and sexual penetration with a foreign object. Thomas was sentenced to 16 years in prison. Thomas contends: (1) the trial court abused its discretion by allowing the disabled adult victims testimony without first ascertaining whether she understood the duty to tell the truth; (2) the trial court erred by failing to give a unanimity instruction; (3) instruction with CALJIC No. 2.11 misled the jury; (4) admission of a nurse practitioners testimony violated his confrontation rights (Crawford v. Washington (2004) 541 U.S. 36); and (5) imposition of upper term sentences violated his right to a jury trial (Blakely v. Washington (2004) 542 U.S. 296; Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856, 127 S.Ct. 856]). Court affirm.
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