People v. Morales
Annotate this CaseDefendant was convicted of four counts of committing a lewd act on a child under 14, one count of committing a forcible lewd act on a child under 14, one count of sexual penetration of a child age 10 or younger, two counts of criminal threats, and two counts of dissuading a witness by threat of force. The jury found true an allegation that defendant had committed sexual offenses against multiple victims. The court sentenced him to 75 years to life consecutive to a six-year determinate term. The court of appeal remanded for resentencing because the trial court imposed unauthorized 15 years to life terms for three counts rather than the statutorily-mandated 25 years to life terms. The government conceded that the one lewd act count involving one victim must be stricken because it was a lesser included offense of the forcible lewd act count involving the same victim. The court rejected arguments that the trial court violated Defendant’s Sixth Amendment rights when it refused to allow him to substitute retained counsel for his appointed counsel on the eve of trial, that certain convictions were not supported by substantial evidence, and that the prosecutor committed misconduct by commenting on defendant’s courtroom conduct. The court did not address Defendant’s cruel and unusual punishment contention.
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