California Court of Appeal

Convictions for forcible rape, Pen. Code section 261(a)(2), and kidnapping, section 207(a), are affirmed over contentions that: 1) trial court prejudicially abused its discretion and violated defendant's due process rights in admitting evidence of uncharged sexual acts under Evidence Code section 1108; 2) trial court erred in admitting expert testimony regarding a complaining witness's cognitive disability; and 3) there was no substantial evidence to support the kidnapping conviction. The judgment is modified only to strike rather than stay the prison prior enhancement.

Appellate Information

• Decided 02/17/2011
• Published 02/17/2011

Judges

• HUFFMAN

Court

• California Court of Appeal

Counsel