P. v Fuhrmann CA4/3
A jury convicted defendant, Joshua Paul Fuhrmann, of forcible sodomy (Pen. Code, § 286, subd. (c)(2)(A); count 1), false imprisonment by violence (§§ 236, 237, subd. (a); count 3), and misdemeanor domestic violence battery (§ 243, subd. (e)(1); count 4). The jury was unable to reach a unanimous verdict on forcible rape (§ 261, subd. (a)(2); count 2), and the charge was later dismissed on the People’s motion. After denying defendant’s motion for a new trial, the court sentenced defendant to the midterm of six years on count 1. It imposed the midterm of two years on count 3, but stayed the sentence under section 654, and suspended the sentence for count 4.
Defendant contends the court wrongly denied his new trial motion based on juror misconduct. He also argues his sentence violates federal and state constitutional prohibitions on cruel and/or unusual punishment and the trial court abused its discretion by imposing the midterm on count 1. We reject his contentions and a
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