P. v. Knanishu
A jury convicted defendant Kenneth Knanishu of lewd and lascivious conduct upon a child under the age of 14 years (Pen. Code, 288, subd. (a)) and dissuading a witness (Pen. Code, 136. 1, subd. (b)(1)). The court sentenced defendant to a 10-year term. On appeal, defendant contends: 1) his upper term sentence for lewd and lascivious conduct upon a child violated his federal right to jury trial; 2) admission of child pornography evidence pursuant to Evidence Code section 1108 violated equal protection and due process; 3) letters related to defendants interest in child pornography were inadmissible under Evidence Code section 1101; 4) the child pornography and letters should have been excluded under Evidence Code section 352; 5) trial counsel provided ineffective assistance in failing to object to evidence that defendant possessed sexually explicit photographs of adult women; 6) admission of a pretextual call to defendant violated his right to confrontation; and 7) the prosecutor committed misconduct. Court affirm.
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