San Diego

A defendant who mooned a judge and jury during his robbery trial last month was sentenced Thursday to 39 years in state prison.

Lee Roy Castellano, 40, of San Diego, was sentenced on two robbery convictions and one for shooting at his mother’s house.

San Diego Superior Court Judge Norbert Ehrenfreund noted that Castellano had 21 prior felony convictions that included robbery, auto theft, and assault with a deadly weapon, which added 25 years to his sentence.

On Jan. 9, Castellano pulled down his pants and underwear and yelled crude remarks about his anatomy to the shocked jury. The day before, he threw a water pitcher at the prosecutor. The pitcher did not hit anyone, but the prosecutor and two jurors were splashed.

Castellano was then tried in absentia after Ehrenfreund ruled he was too disruptive.

On Thursday, the judge told the defendant that the mooning incident was “an act of upmost disrespect to the jury.”

“This without question has been one of the most unusual cases I’ve heard in my courtroom,” Ehrenfreund said.

Castellano, who had his hands cuffed behind him in his chair, told the judge that the outburst with the water pitcher occurred because of his frustration at not having certain witnesses called for his defense. He gave no explanation for the mooning.

His attorney, Victor Eriksen, objected to the long term, saying it was cruel and unusual.

But the judge responded: “He’s received chances in the past and violated them every time.”