California Court of Appeal

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People v. Bautista, H030458

Conviction and sentence for sex-related offenses involving teenage girls is affirmed over defendant's claims that: 1) as an unpaid lay pastor, the jury could not find a "professional purpose" as required by statute for a conviction of sexual penetration of a person unconscious of the nature of the act; 2) the trial court erred in excluding evidence regarding prior sexual conduct of a victim; 3) admission of evidence relating to his religious beliefs violated his First Amendment right to the free exercise of religion; 4) the cumulative prejudice of trial errors violated his constitutional rights; 5) a sex offender registration requirement imposed on him violated his equal protection rights; and 6) the imposition of consecutive sentences violated the Sixth Amendment under Cunningham.

Appellate Information

  • Decided 06/03/2008
  • Published 06/03/2008

Judges

  • MIHARA, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Meredith Fahn, for Appellant.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Aileen Bunney, Deputy Attorney General, for Respondent.
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