P. v. Reed
A jury convicted defendant Jermel Dean Reed of sodomy by force or fear (count 2--Pen. Code, § 286, subd. (c)(2)).[1] The trial court sentenced defendant to eight years' incarceration with total accumulated credits of 824 days. On appeal, defendant raises three issues: (1) the court erred in denying his motion for new trial based upon alleged juror misconduct; (2) the court erred in failing to give a sua sponte jury instruction on battery as a lesser included offense of sodomy; and (3) the court erred in imposing the upper term of incarceration based on factors not determined by the jury. Court affirm the judgment.
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