California Court of Appeal

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People v. Garcia, G048020

Conviction of defendant for sexual abuse of a girl she babysat is reversed, where: 1) at trial and during closing arguments, the prosecutor attempted to show that defendant is a lesbian, and to assert that defendant's supposed attraction to other women gave her a motive to sexually abuse the female victim; 2) the defendant's sexual orientation was irrelevant to any issue in this case; and 3) the prosecutor's repeated attempts to make an issue out of defendant's sexual orientation and to emphasize this issue to the jury was prejudicial misconduct.

Appellate Information

  • Decided 08/28/2014
  • Published 08/28/2014

Judges

  • Bedsworth

Court

  • California Court of Appeal

Counsel