People v. McPherson CA4/3

INTRODUCTION

A jury convicted Barry Robert McPherson of one count of oral copulation or sexual penetration with a child who is 10 years of age or younger, in violation of Penal 1 Code section 288.7, subdivision (b) (section 288.7(b)). After denying McPherson’s motion for a new trial, the trial court sentenced him to a prison term of 15 years to life, as mandated by section 288.7(b). McPherson contends (1) the trial court abused its discretion by denying his motion for a new trial made under section 1181, subdivision 8; (2) the sentence of 15 years to life in prison mandated by section 288.7(b) violates federal and state constitutional prohibitions on cruel and unusual punishment; and (3) the mandatory sentence of 15 years to life in prison under section 288.7(b) violates federal and state constitutional guarantees of equal protection of the law. We disagree with each contention and therefore affirm.

FACTS

We view the evidence in the light most favorable to the verdict and resolve all conflicts in its favor. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206; People v. Barnes (1986) 42 Cal.3d 284, 303.)

I. Acts Constituting the Crime

In 2011, seven-year-old P.H. lived in Yorba Linda…