Legal Opinion

People v. Baker

California Court of Appeal, 5th District

Decided February 22, 2018No. D071383PublishedCited by 37 opinions

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

  1. Lockyer v. AndradeSupreme Court of the United States · 2003
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Harmelin v. MichiganSupreme Court of the United States · 1991
  4. Graham v. FloridaSupreme Court of the United States · 2010
  5. Ewing v. CaliforniaSupreme Court of the United States · 2003

31 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. People v. Gomez, California Court of Appeal, 5th District2018
  2. People v. Austin, California Court of Appeal, 5th District2019
  3. (HC) Rogers v. MontgomeryDistrict Court, E.D. California · 2024
  4. Arcasi v. AllisonDistrict Court, S.D. California · 2022
  5. People v. Aguirre CA3California Court of Appeal · 2021

32 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API