Vichroy

Joseph A. Vichroy (appellant) appeals the judgment entered following his conviction by a jury of committing a lewd act upon a child (Pen. Code, § 288, subd. (a)), and two counts of committing a forcible lewd act upon a child (§ 288, subd. (b)(1)), with findings by the trial court that he had suffered two prior serious felony convictions (§ 667, subd. (a)(1)) and seven prior “strike” convictions (§§ 667, subds. (b) through (i), 1170.12, subds. (a) through (d)). He was sentenced to state prison for a total term of 60 years to life and ordered to pay a $5,000 restitution fine.

Contentions

Appellant contends (1) the statute authorizing admission of evidence of his prior sexual misconduct violates due process and Evidence Code section 352; (2) the court erred in giving the jury CALJIC No. 2.50.01; and (3) his sentence constitutes cruel and unusual punishment.

Respondent contends the judgment must be modified to reflect a $5,000 parole revocation fine.

Facts

On 10 to 15 separate occasions during the summer of 1997, appellant forced his 13-year-old stepdaughter, Sheba D., to show him her “privates,” or genital area. On each such occasion, appellant had Sheba remove her…