California Court of Appeal

Conviction and sentencing of defendant for offenses upon a person physically or mentally incapable of giving consent are affirmed where substantial evidence supports the jury's findings that the 15-year-old sexual assault victim, who suffered from cerebral palsy resulting in severe communication difficulties combined with physical disabilities, was mentally incapable of consenting to the sexual acts committed upon her by defendant.

Appellate Information

• Decided 10/18/2011
• Published 10/18/2011

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel