California v. Sigur

Defendant Jason Sigur was convicted by jury on eleven counts of contacting or communicating with a monir, kidnapping for the purpose of a lewd act, first-degree burglary, lewd and lascivious acts upon a child under fourteen and for failing to register as a sex offender. After meeting in an Internet chat room, defendant engaged in a sexual relationship with a thirteen-year-old girl for approximately two months, including in the home where the victim lived with her mother and grandmother after secretly entering through the victim’s bedroom window for that purpose. The trial court sentenced defendant to a determinate term of 103 years in prison plus an indeterminate term of 550 years to life. On appeal, defendant argued that: (1) the prosecutor engaged in misconduct by misstating the law regarding reasonable doubt; (2) the trial court erred in denying defendant’s section Penal Code 1118.1 motion for judgment of acquittal as to the burglary counts because the evidence showed that the victim consented to his entry into the home knowing his intent to engage in sexual acts with her; (3) the prosecutor engaged in misconduct by misstating the law regarding the consent defense to burglary; (4) the cumulative effect of the prosecutorial misconduct requires reversal of the burglary counts; (5) section 288.3 was unconstitutionally vague; (6) section 288.3 was unconstitutionally overbroad; and (7) the fifteen-year enhancement imposed under section 667.8, subdivision (b), had to be stayed because sentence was stayed on the underlying count. After review, the Court of Appeal agreed with defendant that the enhancement under 667.8, subdivision (b), had to be stayed. The Court rejected each of defendant’s other contentions. View "California v. Sigur" on Justia Law