P. v. Ramirez
A jury convicted defendant Ricky Ramirez of eight counts arising out of his forcible sexual attack on an acquaintance. On appeal, he raises four claims of error: 1) No substantial evidence supports more than two counts of digital penetration; 2) propensity evidence should not have been admitted; 3) his sentence was imposed in violation of the Sixth Amendment; and 4) the trial court made an improper dual use of facts in sentencing. Court agree that two counts must be reversed for lack of evidence. Court shall modify the sentence and otherwise affirm the judgment.



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