California Court of Appeal

People v. Pham, G040848

Conviction of defendant-chiropractor of sexual battery by fraud for touching the intimate body parts of his patients while purporting to examine them is affirmed as there is substantial evidence to support the jury's finding that defendant committed sexual battery by fraud because there is sufficient evidence from which the jury could find that the patients were unconscious of defendant's sexual intentions at the time of their treatment, and because the evidence also shows the victims' unconsciousness was attributable to defendant's fraudulent representations - both implied and actual.

Appellate Information

• Decided 12/28/2009
• Published 12/28/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Phillip I. Bronson, Encino, 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, Kristen Kinnaird Chenelia and Christine Levingston Bergman, Deputy Attorneys General, for Plaintiff and Respondent.