California Court of Appeal

Conviction for committing a lewd or lascivious act on a child of 14 or 15 years by a person at least 10 years older than that child is affirmed where: 1) error was committed at the beginning of opening argument when the prosecutor misstated the law concerning the element of intent for the charged crimes; however, 2) the prosecutorial error did not warrant reversal of the judgment; and 3) a constitutional challenge to a requirement that defendant register as a sex offender is rejected.

Appellate Information

• Decided 11/10/2008
• Published 11/10/2008

Judges

• DUFFY, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Asst. Atty. Gen., Gerald A. Engler, Sr. Asst. Atty. Gen., Stan Helfman, Supervising Deputy Atty. Gen., Sharon G. Birenbaum, Deputy Atty. Gen., for Plaintiff and Respondent., Joseph Courtney Shevelson, Law Offices of J. Courtney Shevelson, Carmel, for Defendant and Appellant.