McQueen

Defendant and appellant James Byrd McQueen appeals his jury trial convictions and the sentence imposed for multiple sexual offenses against two minors. Defendant contends that (1) the trial court abused its discretion under Evidence Code section 352 by admitting photographic evidence of the crimes; (2) the court failed to instruct sua sponte on duplicate counts; (3) the trial court erred by staying rather than dismissing sentence under the habitual sexual offender law (Pen. Code, § 667.71); and (4) the sentence imposed of 800 years to life is grossly excessive and violates both the Eighth Amendment of the United States Constitution and article I, section 17 of the California Constitution. Notwithstanding the length of defendant’s sentence, we affirm.

Facts & Procedural Background

The information filed on December 8, 2005, charged defendant as follows; counts 1 through 9—lewd acts upon No. 1, a child under the age of 14 years, committed between January 1, 1999, and April 23, 2001 (§ 288, subd. (a)); count 10—distribution or exhibition of lewd material to a minor (§ 288.2); count 11—indecent exposure with a prior such conviction (§ 314); count 12—lewd act upon John Doe…