The People v. McGhee CA4/2

INTRODUCTION

Defendant Darryl McGhee appeals from judgment entered following jury

convictions for two counts of forcible oral copulation upon his ex-girlfriend, Jane Doe

(Pen. Code, § 288a, subd. (c)(2)(A)).1 The trial court sentenced defendant to an

aggregate term of five years in prison.

Defendant contends the trial court erred in excluding evidence of family law and

child custody proceedings involving defendant and Jane Doe. Defendant also argues that

the trial court erred when it overruled his objection to reading to the jury his testimony

given during the first trial, in which defendant admitted he was guilty of committing a

crime. Defendant further asserts that he received ineffective assistance of counsel when

his trial attorney failed to object to the prosecutor asking him if he committed a crime.

We conclude there was no prejudicial error and affirm the judgment.

II

FACTS

Defendant and Jane Doe were in a romantic relationship for eight years, during

which they had a daughter. Their relationship ended in around 2009. Defendant moved

out of their residence and moved to Florida, while Jane Doe and her daughter remained in

the family home. Defendant and Jane…