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People v. Waldie, E042303

Conviction for lewd and lascivious conduct against a child is affirmed where: 1) trial court did not abuse its discretion in excluding evidence of previous accusations by the victim; 2) the court erred in allowing evidence of defendant's pre-arrest silence as substantive evidence of guilt in the case in chief, but the error was harmless beyond a reasonable doubt; and 3) trial court did not abuse its discretion in denying defendant's motion for mistrial as the display of a single word fairly characterizing the prosecutor's position did not constitute prosecutorial misconduct.

Appellate Information

  • Decided 04/24/2009
  • Published 04/24/2009



  • California Court of Appeal


  • For Appellees:
  • Harry Zimmerman, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.
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