P. v. Kiser
Defendant Eugene Kiser appeals from his judgment of conviction and sentence. A jury convicted Kiser of showing harmful content to a minor with the intent to seduce the minor. On appeal, Kiser argues that there is insufficient evidence that he knew that the victim was a minor and/or that he intended to seduce her when he showed her pornographic videos. Kiser also challenges his sentence, arguing that the trial court made improper dual use of two of his prior prison convictions in imposing both an upper term sentence as well as two one-year enhancements. Kiser asserts that his case should be remanded to the trial court for resentencing.
Court conclude that there is sufficient evidence to support the jury's verdict. Court further conclude that there is no need to remand the case for resentencing, since the trial court relied on a number of proper factors, other than Kiser's prior prison convictions, in imposing the upper term sentence. Court therefore affirm the judgment of the trial court.
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