P. v. Calhoun
Gary Steven Calhoun appeals from the judgment entered after his conviction by a jury on five counts of lewd conduct upon a child, contending the evidence at trial was insufficient to support the verdicts against him, the trial court improperly admitted evidence of uncharged acts of lewd conduct involving children, the court erroneously instructed the jury as to the burden of proof to be applied in considering those uncharged acts and the court erred when it refused to stay the sentences on four counts under Penal Code section 654. Calhoun further contends imposition of a 16‑year sentence violated his Sixth Amendment right to a jury trial under Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham) and constituted cruel and unusual punishment. Court affirm.
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