California Court of Appeal

Conviction of defendant for crimes involving sexual molestation of his daughter and stepdaughter, and a sentence of 64-years' imprisonment, are affirmed where: 1) because defendant's inherent improbability claim is based entirely on comparisons, contradictions and inferences, it amounts to nothing more than an attack on witness credibility, and cannot be the basis for a reversal of the judgment on appeal; 2) in the circumstances of this case, in which the uncharged sexual offenses were largely carried out against one of the same victims and were supported by the same witness testimony as the crimes in this case, the additional evidence was not the sort which uniquely tends to evoke an emotional bias against the defendant as an individual; 3) defendant has waived his claim that the trial court erred by excluding his proffered expert testimony about police interrogation of minor child abuse victims; and 4) defendant has waived his claim that the prosecutor committed misconduct in his closing statement.

Appellate Information

• Decided 12/01/2010
• Published 12/01/2010

Judges

• BEDSWORTH

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard De La Sota, Edmund G. Brown, Jr.