Stewart

Defendant was convicted by a jury of three counts of lewd and lascivious conduct (Pen. Code, § 288, subd. (a)), one count of aggravated lewd and lascivious conduct (Pen. Code, § 288, subd. (b)(1)), and one count of aggravated sexual assault (Pen. Code, § 269, subd. (a)(4)). He was sentenced under both the one strike law (Pen. Code, § 667.61, subd. (b)) and the three strikes law (Pen. Code, § 667 subds. (b)-(i)) to three consecutive indeterminate terms of 15 years to life, each tripled to 45 years to life (Pen. Code, § 667, subd. (e)(2)(A)(i)). A fourth indeterminate term of 15 years to life, tripled to 45 years to life, was ordered to be served concurrently. Sentence for the remaining offense was stayed pursuant to Penal Code section 654. He also received determinate terms of five years for a prior serious felony conviction (Pen. Code, § 667, subd. (a)) and one year for a prior prison term (Pen. Code, § 667.5, subd. (b)). Defendant’s aggregate term was thus 135 years to life, plus six years.

Defendant appeals, claiming (1) violation of his Sixth Amendment right to counsel, (2) violation of his Fifth Amendment right not to testify, (3) instructional errors, and (4)…