P. v. Gurwell
A jury found, defendant guilty as charged of nine counts of aggravated sexual assault on a child under the age of 14 and 10 or more years younger than defendant in violation of Penal Code section 269, subdivision (a). Based on the jury’s verdicts, the trial court sentenced defendant to serve a term of 15 years to life on each count, all to run consecutively to each other, for a purported total term of 135 years to life in state prison.
Defendant contends that the trial court committed prejudicial error by refusing defendant’s request to instruct the jury on lesser included offenses. Defendant also contends that the trial court abused its discretion by overruling defendant’s objection to the admissibility of evidence that he had committed a prior sex crime and that Evidence Code section 1108, pursuant to which that evidence was admitted, is unconstitutional.
Court agreed with defendant’s first contention, but only with respect to counts 3 through 9, and reversed on those counts. Defendant’s remaining claims are meritless.
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