P. v. Wing CA1/4
Steven Wayne Wing appeals from a sentence of 400 years to life in prison after a jury convicted him of four counts of sexual penetration with a child under 10 years old in violation of Penal Code section 288.7, subdivision (b) (§ 288.7(b)) and eight counts of committing a lewd and lascivious act on a child under age 14 in violation of section 288, subdivision (a) (§ 288(a)) while having a previous conviction for committing a lewd and lascivious act on a child under age 14. The trial court also imposed various fines, fees, and assessments. Wing contends his lengthy prison sentence constitutes cruel and unusual punishment in violation of the United States and California constitutions; the trial court violated his due process rights by imposing fines, fees, and assessments without inquiring into his ability to pay them; it violated his statutory rights by imposing two fines that he cannot pay; and the statute the trial court cited as the basis for one of the fines is inapplicable.
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