P. v. Rodriguez-Martinez CA1/5
A jury found Loren Rodriguez-Martinez guilty of committing a lewd act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)), and found true the allegation of substantial sexual conduct (§ 1203.066, subd. (a)(8)). The court sentenced Rodriguez-Martinez to a prison term of eight years.
Rodriguez-Martinez appeals. He contends his trial counsel was ineffective by failing to object to: (1) questions about a witness’s age; and (2) the prosecutor’s closing argument that Rodriguez-Martinez had a propensity to commit the charged offense. Rodriguez-Martinez also argues the court abused its discretion in sentencing him to the upper term of eight years in prison.
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