P. v. Ferrell
After a court trial, defendant was convicted of one count of sexual penetration with a foreign object (Pen. Code, 289, subd. (a)(1))[1](count 2); two counts of attempted sexual penetration with a foreign object ( 664/289, subd. (a)(1)) (counts 1 & 3); three counts of committing a lewd act upon a child ( 289, subd. (a)) (counts 4, 6, & 7); one count of committing a lewd act upon a child over 10 years younger than himself ( 288, subd. (c)(1)) (count 5); and one count of assault with intent to commit a felony ( 220) (count 8).
Defendant appeals on the ground that his upper term sentences on counts 2 and 4 violate his rights to a jury trial and due process under the Sixth and Fourteenth Amendments.
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