P. v. Tarr
A jury convicted defendant Robert Lawrence Tarr of continuous sexual conduct with a child under the age of 14 (Pen. Code, 288.5, subd. (a); undesignated section references are to the Penal Code); the jury also found that he committed great bodily injury ( 12022.7, subd. (a)) and engaged in substantial sexual conduct with a victim under the age of 14 ( 1203.066, subd. (a)(8)). The trial court sentenced defendant to 19 years in state prison (the upper term of 16 years under section 288.5, subd. (a)), plus three years consecutive for the great-bodily-injury enhancement). Defendant contends: (1) The trial court denied defendants due process right to present a defense and to confront the witnesses against him by denying him the opportunity to put on evidence of the complaining witnesss sexual history. (Evid. Code, 782.) (2) The record does not support the finding of great bodily injury because pregnancy alone is not great bodily injury. (3) The trial court committed Cunningham error (Cunningham v. California (2007) 549 U.S. ___ [166 L.Ed.2d 856]) by imposing the upper term based on facts not tried to the jury and found true beyond a reasonable doubt. Court affirm.
Comments on P. v. Tarr