P. v. Dumire
Defendant Robert Eugene Dumire appeals from judgment entered following jury convictions for sexually abusing three teenage sisters. During most of the offenses, defendant, who is 71 years old, was living with the girls family. The jury convicted defendant of aggravated sexual assault, oral copulation and rape of a child under the age of 14 (Pen. Code, 269, subds. (a)(1) and (a)(4)[1]; counts 1 and 2); committing a lewd and lascivious act upon a child under the age of 14 ( 288, subd. (a); counts 3, 4, and 10 through 14); and committing a lewd and lascivious act upon a child under the age of 16 ( 288, subd. (c); counts 5 through 9). The jury also found true the allegations that the offenses were against multiple victims. ( 667.61, subd. (e)(5).) The trial court sentenced defendant to 48 years to life in prison.
Defendant contends there was insufficient evidence to support defendants convictions for aggravated sexual assault against R-1 (counts 1 and 2). Defendant also argues that the trial court erred in admitting evidence of child sexual abuse accommodation syndrome (CSAAS), and claims the court committed Cunningham[2]error by sentencing him to the upper term on counts 5 through 9. Court reject defendants contentions and affirm the judgment.
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