What factors are considered to be sufficient to justify a sentence of life imprisonment for sexually abusing his stepdaughter?
California, United States of America
The following excerpt is from People v. Ochoa, A153105 (Cal. App. 2020):
He also emphasizes his lack of a prior criminal record. These factors do not render his sentence cruel and unusual. Appellant sexually abused his stepdaughter for years, beginning when she was only seven years old. The sentence is not so disproportionate to the crimes as to shock the conscience. (See People v. Bestelmeyer (1985) 166 Cal.App.3d 520, 522-523, 531-532 [sentence of 129 years for sexually abusing stepdaughter "repeatedly and over a long period of time" was not cruel and unusual]; People v. Retanan, supra, 154 Cal.App.4th at p. 1231 [sentence of 135 years to life for "numerous sex crimes against four young girls" was not cruel and unusual].)
The judgment is affirmed.
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/s/_________
SIMONS, Acting P.J.
We concur.
/s/_________
NEEDHAM, J.
/s/_________
BURNS, J.
Footnotes:
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