P. v. Stephenson CA5
Alan D. Stephenson was found guilty of 12 counts of child molestation, one count of possessing child pornography and one count of using a child to produce pornography; he received an enhanced sentence consisting of 12 consecutive indeterminate terms of 50 years to life plus a determinate term of 60 years. On appeal, he argues: (1) the evidence was insufficient to support the convictions on counts 1 and 6, which required proof of intercourse occurring during specific time frames; (2) Penal Code section 654 should have been applied to stay the sentence on count 9; (3) the trial court abused its discretion when it denied Stephenson’s motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 to reduce the sentence by striking a prior conviction allegation; (4) the trial court should have applied a rule allowing only one life term for each of the two victims; and (5) the sentence is unconstitutionally disproportionate to the crimes.
We will affirm the judgment.
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