P. v. Bray
Defendant Kenneth Homer Bray was charged with one count of lewd act on a child D.B. and one count of lewd act on a child S.B. (Pen. Code,[1] 288, subd. (a)), one count of child abuse on B.B. ( 273a, subd. (a)), two counts of indecent exposure ( 314.1), and two counts of failing to register as a sex offender. ( 290, subd. (g)(2).) Also charged were defendants two prior strike convictions ( 667 subds. (b)-(i), 1170.12, subds. (a)-(d)), and two prison priors. ( 667.5.)
After a jury trial, defendant was found not guilty of the two indecent exposure counts and guilty on all other counts. After a court trial on the priors, the trial court found the prior conviction allegations true. Defendant was sentenced to 81 years to life in state prison for the lewd acts and child abuse offenses, and a consecutive determinate term of three years eight months on the failure to register counts.
On appeal, defendant argues that his trial attorney rendered ineffective assistance because he failed to make a motion to sever the sexual and physical abuse charges from the failure to register charges. He also argues that the trial court violated Apprendi v. New Jersey (2000) 530 U.S. 466, 490 (Apprendi) when it imposed an upper term and a consecutive without a unanimous jury finding the aggravating factors beyond a reasonable doubt. Finding no error, Court reject defendants claims and affirm the judgment.
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