California Court of Appeal

Sentence and conviction of aggravated sexual assault of a child by means of rape, Pen. Code section 269(a)(1), are affirmed over defendant's claims regarding: 1) due process and confrontation rights regarding victim's direct testimony; 2) faulty jury instructions concerning the lesser included offense of unlawful sexual intercourse with a minor; 3) violations of defendant's Fifth Amendment right to remain silent; 4) admission of improper propensity evidence; 5) violations of his federal constitutional rights of equal protection and due process right to a fair trial via admission of uncharged sexual offenses; 6) CALCRIM No. 1191 instruction erroneously interfered with the presumption of innocence and deprived him of a finding of guilt on proof beyond a reasonable doubt; 7) failure to instruct the jury regarding defendant's reasonable and honest belief in victim's consent to the sexual acts as a defense to the charges constituted error; 8) failure to instruct on consent deprived him of his federal constitutional rights to due process and a fair trial; 9) the prosecutor committed misconduct by making disparaging remarks about him; and 10) victim restitution fines are punitive and must be determined by the trier of fact rather than the trial court.

Appellate Information

• Decided 06/17/2015
• Published 06/17/2015

Judges

• Miller

Court

• California Court of Appeal

Counsel