California v. Baker

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Jeffrey Baker was convicted by jury on one count of oral copulation of his six-year-old niece in violation of Penal Code section 288.7(b), and two counts of lewd acts in violation of Penal Code section 288(a). At sentencing, the trial court imposed the mandatory 15-years-to-life prison sentence on the oral copulation count but expressed its view that the sentence was "absolutely disproportionate to the crime that was committed" and encouraged Baker to appeal on Eighth Amendment grounds. Baker argued the trial court misunderstood its sentencing authority to not impose an unconstitutional sentence. Furthermore, he argued the indeterminate sentence imposed was cruel and/or unusual in violation of the federal and state constitutions and that his counsel's failure to object on this basis amounted to ineffective assistance of counsel. The State conceded the trial court had the power to decide whether the mandatory prison term in this case was an unconstitutional sentence. Even if the trial court misunderstood the scope of its authority, the Court of Appeal determined a remand for resentencing was unnecessary because the indeterminate 15-years-to-life sentence was not cruel and/or unusual as a matter of law. For similar reasons, the Court concluded Baker did not receive ineffective assistance of counsel. As such, his convictions and sentence was affirmed. View "California v. Baker" on Justia Law