Supreme Court of California

Court of Appeals judgment holding that trial court prejudicially erred in admitting evidence of defendant's other sexual assaults and that the evidence did not support a first degree murder verdict is reversed and remanded where: 1) a defendant accused of murder during the course of a rape is accused of a sexual offense within the meaning of Evidence Code sec. 1108, and thus the trial court properly admitted evidence of defendant's other sexual offenses under sec. 1108; and 2) ample evidence supports the jury's verdict of first degree felony murder.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• J. Frank McCabe, under appointment by the Supreme Court, San Francisco, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman, Laurence K. Sullivan and Jeffrey M. Laurence, Deputy Attorneys General, for Plaintiff and Respondent.