P. v. Alderette
Raul Alderete was convicted of numerous crimes, including corporal injury to a cohabitant, kidnapping to commit rape and oral copulation, several sex crimes, assault with a deadly weapon, and child custody deprivation. He appeals from the judgment of conviction, claiming CALJIC No. 2.50.1 allows the jury to convict on a lesser standard than beyond a reasonable doubt. The Supreme Court has upheld this instruction, and we thus reject this contention. Appellant also claims there is insufficient evidence to support his conviction for deprivation of the right to child custody under Penal Code section 278.5, that imposition of an upper term sentence on count 1 violated his right to jury trial as expressed by the Supreme Court in Cunningham v. California (2007) 549 U.S. 270, and that his sentence constitutes cruel and unusual punishment in violation of the state and federal constitutions. Court find no grounds for reversal. Appellant also claims he is entitled to conduct credits. Respondent agrees, and Court shall modify his sentence accordingly.
Comments on P. v. Alderette