P. v. Cruz
Defendant George Phillip Cruz appeals from his conviction on eight counts of oral copulation or sexual penetration with a child 10 years of age or younger. (Pen. Code, § 288.7, subd. (b).) He claims (1) his pretrial confession to the crimes was unlawfully extracted prior to receiving a Miranda warning;[1]
(2) his confession was unlawfully coerced from him; (3) his total state prison sentence of 120 years to life is cruel and unusual punishment; and (4) the trial court wrongfully imposed a court facility fee under Government Code section 70373 on six of his counts because he committed those crimes before that statute became effective.
Defendant has forfeited his challenges to the use of his confession. He admits he made no motion at trial to exclude his confession on any ground. A failure to challenge an alleged Miranda violation and the voluntariness of a confession at trial forfeits the claims on appeal. (People v. Williams (2010) 49 Cal.4th 405, 435; People v. Peters (1972) 23 Cal.App.3d 522, 529-530.)
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