P. v. Garcia CA3
Defendant William Nicholas Garcia appeals following conviction on two counts of sodomy of a child age 10 years or younger and two counts of oral copulation with a child age 10 years or younger (Pen. Code, § 288.7, subds. (a) and (b); undesignated statutory section references are to this Code). Defendant contends (1) the trial court erred in refusing to instruct the jury on attempted sodomy as a lesser included offense of sodomy, and (2) the aggregate sentence of 80 years to life in prison for offenses he committed between the ages of 18 and 20 is a de facto sentence of life without possibility of parole (LWOP) in violation of federal and state constitutional proscriptions against cruel and/or unusual punishment.
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