California Court of Appeal

Conviction and sentence for spousal rape and related charges are affirmed over defendant's claims of error regarding: 1) denial of his motion to disqualify the district attorney's office; 2) admission of statements he made to police; 3) admission of evidence of prior acts of domestic abuse against his wife; 4) rejection of a claim of prosecutorial misconduct; 5) a sentence to the upper term for forcible oral copulation; and 6) the sufficiency of the evidence supporting his conviction for residential burglary.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Diane Berley, under appointment by the Court of Appeal, Woodland Hills, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael Dolida, Deputy Attorney General, for Plaintiff and Respondent.