P. v. Maniord
In 2008, defendant Orben Oliver Maniord pled no contest to committing a lewd and lascivious act on a five-year-old child, an offense he committed in 1996. The trial court dismissed the remaining counts of forcible rape and kidnapping with the purpose of rape. Subsequently, the court sentenced defendant to the upper term of eight years in prison. On appeal defendant contends: (1) the court committed an ex post facto violation when it applied the 2007 amended version of Penal Code section 1170 to a crime committed in 1996; (2) the imposition of the upper term was based on disputed facts and thereby violated his Fourteenth Amendment due process right to a fair sentencing hearing; and (3) he received ineffective assistance of counsel when his attorney failed to object to the imposition of the upper term on due process grounds. Disagreeing with these contentions, Court affirm the judgment.
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