P. v. Martin
A jury convicted defendant Lawrence A. Martin of committing a lewd act upon a child under the age of 14 ( 288, subd. (a)). In a bench trial, the court found that defendant had suffered a prior conviction within the meaning of the Three Strikes law. In sentencing defendant, the trial court selected the upper eight year term which it then doubled, imposing a 16 year sentence.
On appeal, defendant advances three separate contentions. The first is that the trial court abused its discretion in permitting the prosecution to offer evidence of a prior uncharged sex offense involving a minor. The second is that the prosecutor committed misconduct during closing argument. The third is that the trial court denied him the right to a jury trial in selecting the upper term for his sentence. Court are unpersuaded by these contentions and therefore affirm the judgment.
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