P. v. Small
A jury found defendant and appellant James Leon Small guilty of one count of rape of a child under the age of 14, and 10 or more years younger than defendant (Pen. Code, § 269, subd. (a)(1); count 1);[1] one count of a lewd act on a child under the age of 14 by force, fear, duress, or menace (§ 288, subd. (b)(1); count 2); three counts of a lewd act on a child under the age of 14 (§ 288, subd. (a); counts 3-5); and five counts of a lewd act on a child under the age of 16 while being 10 years older (§ 288, subd. (c)(1); counts 6-10). In a bifurcated proceeding, defendant admitted that he had suffered one prior prison term (§ 667.5, subd. (b)). Defendant was sentenced to a total determinate term of 24 years 4 months and a total indeterminate term of 15 years to life in state prison. Defendant's sole contention on appeal is that the trial court erred in denying his motion for a mistrial. We reject this contention and affirm the judgment.
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