P. v. Cano-Cruz CA1/3
Defendant and appellant Emilio Cano-Cruz was convicted by a jury of a single count of digital penetration and a single count of committing a lewd and lascivious act against his four-year old niece, under Penal Code sections 288.7, subdivision (b) and 288, subdivision (a), respectively. The court sentenced him to the statutorily-mandated sentence for a conviction under section 288.7, subdivision (b) of 15 years to life in prison. He appeals and contends his sentence violates the state and federal prohibitions against cruel and unusual punishment. We disagree and affirm.
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