P. v. Frasier
A jury found defendant and appellant Shannon Dale Frasier guilty of two counts of aggravated sexual assault upon a child under 14 years of age and 7 or more years younger than defendant (Pen. Code, §§ 269, subd. (a), 289, subd. (a))[1] (counts 1 & 2) and four counts of forcible lewd acts upon a child under the age of 14 years (§ 288, subd. (b)(1)) (counts 3-6). Defendant was sentenced to a total indeterminate term of 30 years to life, and a total determinate term of 32 years with credit for time served.
On appeal, defendant contends: (1) the trial court erred in denying his motion to suppress statements elicited from him just prior to his arrest absent any Miranda[2] advisements; (2) the trial court erred in failing to sua sponte instruct the jury on the lesser offense of nonforcible sexual penetration of a child under 14 to the charged offense alleged in counts 1 and 2; (3) the trial court erred in imposing a $60,000 restitution fine and a $60,000 parole revocation fine. We agree with the parties that the trial court erred in imposing the fines in the amount of $60,000 and will modify the judgment accordingly. Court reject defendant's remaining contentions.
Comments on P. v. Frasier