P. v. Gomez
After a jury trial, defendant Jose Maria Gomez was convicted of three counts of aggravated sexual assault (forcible rape) of a child under the age of 14 and 10 or more years younger than defendant (former Pen. Code, 269, added by Stats. 1994, 1st Ex. Sess., ch. 48, 1, eff. Nov. 30, 1994, 261, subd. (a)(2); counts 1-3) and three counts of lewd or lascivious act on a child by force ( 288, subd. (b)(1); counts 5-7).[1] The trial court imposed a total term of 45 years to life. On appeal, defendant contends that the convictions should be reversed because certain comments made by the prosecutor during closing argument constitute prejudicial misconduct. Defendant also contends that the trial court committed sentencing error when the court imposed consecutive sentences of 15 years to life on counts 2 and 3. For the reasons stated below, Court disagree and therefore we will affirm the judgment.
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