P. v. Conley
A jury found defendant Robert Lindsey Conley guilty of 36 counts charging various sex offenses involving his daughter H. and stepdaughter K. (Pen. Code, 261, subd. (a)(2); 261.5, subds. (c) & (d); 288, subd. (a); 288a, subds. (b)(2), (c)(2); 288.5; unspecified statutory references that follow are to the Penal Code.) The jury also found true charged special allegations. ( 667.61, subd. (b); 1203.065, subd. (a); 1203.066, subd. (a)(7).)
Defendant appeals, contending that imposition of the upper term on count 24 violates the Sixth and Fourteenth Amendments to the United States Constitution under Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham). Court disagree and affirm the judgment.
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