People v. Baker
California Court of Appeal, 5th District
1Opinion of the CourtDato, J.
*715A jury convicted Jeffrey A. Baker of one count of oral copulation of his six-year-old niece in violation of Penal Code section 288.7, subdivision (b) and two counts of lewd acts in violation of Penal Code section 288, subdivision (a).1 At sentencing, the trial court imposed the mandatory 15-years-to-life prison sentence on the oral copulation count but expressed its *716view that the sentence was "absolutely disproportionate to the crime that was committed" and encouraged Baker to appeal on Eighth Amendment grounds. ( U.S. Const., 8th Amend.) Baker argues that the trial court misunderstood its…
2Cases cited36 opinions
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- Solem v. HelmSupreme Court of the United States · 1983
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- Ewing v. CaliforniaSupreme Court of the United States · 2003
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