P. v. Mitchell and Jordan
Defendants and appellants Bolton Mitchell (Mitchell) and Donald Jordan (Jordan) (collectively, defendants) waived their right to a jury trial. After a bench trial, the trial court convicted Jordan of four counts of committing a lewd or lascivious act on a 14 year-old child at least 10 years younger than he (Pen. Code 288, subd. (c)(1))[1]and one count of inducing a child under the age of 16 to engage in a lewd act ( 266j). The trial court found true the allegation that Jordan had one prior strike conviction ( 667, subds. (b) (i); 1170.12, subds (a)-(d)). The trial court sentenced Jordan to a 16-year term in state prison, consisting of the upper term of 8 years on his conviction under 266j, doubled for his prior strike conviction. Jordan was sentenced to concurrent 2 year terms, the mid term, on each of his convictions under 288, subdivision (c)(1). For the reasons stated below, Court affirm.
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