California Court of Appeal

Conviction and sentencing of defendant on four counts of committing a lewd act upon a child under the age of 14 is vacated where Penal Code section 26 is applicable to Evidence Code section 1108, and trial court committed prejudicial error in not submitting to the jury the issue of whether defendant appreciated the wrongfulness of a 32-year old prior sexual misconduct.

Appellate Information

• Decided 05/09/2011
• Published 05/09/2011

Judges

• O'LEARY

Court

• California Court of Appeal

Counsel